Common use of Guaranty of Payment Clause in Contracts

Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other Person.

Appears in 10 contracts

Samples: Credit Agreement (ServiceTitan, Inc.), Credit Agreement (ServiceTitan, Inc.), Guaranty (Heinz H J Co)

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Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other Person.

Appears in 9 contracts

Samples: Credit Agreement (Candela Medical, Inc.), Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (Wyndham Destinations, Inc.)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.

Appears in 8 contracts

Samples: Credit Agreement (Talos Energy Inc.), Credit Agreement (Vine Resources Inc.), Credit Agreement (Vine Resources Inc.)

Guaranty of Payment. Each of the Guarantors Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.

Appears in 7 contracts

Samples: Subsidiary Guarantee Agreement, Subsidiary Guarantee Agreement, Subsidiary Guarantee Agreement (ADT, Inc.)

Guaranty of Payment. Each of the Guarantors Notes Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent Trustee or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent Trustee or any other Secured Party in favor of the Borrower Company or any other Person.

Appears in 6 contracts

Samples: Sixth Supplemental Indenture (ADT, Inc.), First Supplemental Indenture (ADT, Inc.), First Supplemental Indenture (ADT, Inc.)

Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent Trustee or any other Secured Party Lender to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party Trustee in favor of the Borrower Issuer or any other Person.

Appears in 5 contracts

Samples: Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the fullest extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other Personperson. This Guaranty is a continuing guarantee of payment, and shall apply to all Obligations whenever arising.

Appears in 4 contracts

Samples: Credit Agreement (Gentiva Health Services Inc), Guaranty Agreement (Gentiva Health Services Inc), Guaranty Agreement (Gentiva Health Services Inc)

Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.

Appears in 3 contracts

Samples: Credit Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Credit Agreement (W R Grace & Co), Credit Agreement (Performance Food Group Co)

Guaranty of Payment. Each of the Guarantors Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other Personperson.

Appears in 3 contracts

Samples: Subsidiary Guarantee Agreement (Cerence Inc.), Subsidiary Guarantee Agreement (Cec Entertainment Inc), Subsidiary Guarantee Agreement (Cerence Inc.)

Guaranty of Payment. Each of the Guarantors Notes Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent Trustee or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent Trustee or any other Secured Party in favor of the Borrower Issuers or any other Person.

Appears in 3 contracts

Samples: Indenture (ADT Inc.), Indenture (ADT Inc.), Indenture (ADT Inc.)

Guaranty of Payment. Each of the Guarantors Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.

Appears in 3 contracts

Samples: Subsidiary Guarantee (PlayAGS, Inc.), Subsidiary Guarantee (AP Gaming Holdco, Inc.), Subsidiary Guarantee (AP Gaming Holdco, Inc.)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other Personperson.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Ruby Tuesday Inc), Revolving Credit Agreement (Ruby Tuesday Inc), Revolving Credit and Term Loan Agreement (Ruby Tuesday Inc)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent Servicer or any other Secured Party Participant to any of the security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent Servicer or any other Secured Party Participant in favor of the Borrower Sponsor or any other Personperson.

Appears in 3 contracts

Samples: Loan Facility Agreement (Ruby Tuesday Inc), Loan Facility Agreement (Ruby Tuesday Inc), Loan Facility Agreement (Ruby Tuesday Inc)

Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due and not of collection, and waives any right to require that any resort be had by any of the Collateral Agent or Lenders to (i) the Obligor, (ii) any other Secured Party to guarantor, (iii) any security held for the payment collateral of the Obligationsany kind, or to any balance of any deposit account or credit on the books of any of the Collateral Agent or any other Secured Party Lenders in favor of the Borrower Obligor or any other Person, or (iv) recourse against any other party.

Appears in 2 contracts

Samples: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)

Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the either Borrower or any other Person.

Appears in 2 contracts

Samples: Guaranty (Restaurant Brands International Limited Partnership), Guaranty (Burger King Worldwide, Inc.)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other Person.

Appears in 2 contracts

Samples: Credit Agreement (Mach Natural Resources Lp), Credit Agreement (Mach Natural Resources Lp)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.

Appears in 2 contracts

Samples: Guarantee Agreement (McGraw-Hill Interamericana, Inc.), Guarantee Agreement (McGraw-Hill Global Education LLC)

Guaranty of Payment. Each of the Guarantors Holdings further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.

Appears in 2 contracts

Samples: Holdings Guarantee and Pledge Agreement (Abl) (DS Services of America, Inc.), Holdings Guarantee and Pledge Agreement (DS Services of America, Inc.)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a an absolute, irrevocable and unconditional guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.

Appears in 2 contracts

Samples: Guarantee Agreement (EDGEWELL PERSONAL CARE Co), Credit Agreement (Centurylink, Inc)

Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due and not of collection, and waives any right to require that any resort be had by any of the Collateral Agent or Lenders to (i) the Obligor, (ii) any other Secured Party to guarantor, (iii) any security Collateral held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party Lenders in favor of the Borrower Obligor or any other Personperson or (iv) recourse against any other party.

Appears in 2 contracts

Samples: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee guaranty of payment when due and payable and not of collection, and waives any right (except such as shall be required by any Requirement of Law and cannot be waived) to require that any resort be had by the Collateral Administrative Agent or any other U.S. Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account Deposit Account or credit on the books of the Collateral Administrative Agent or any other U.S. Secured Party in favor of the U.S. Borrower or any other Personperson.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Hill International, Inc.), u.s. Guaranty and Security Agreement (Hill International, Inc.)

Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent, Collateral Agent or any other Secured Party to any security held for the payment of the Finance Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.

Appears in 1 contract

Samples: Guaranty (Dominion Textile (Usa), L.L.C.)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the any Borrower or any other Personperson.

Appears in 1 contract

Samples: Credit Agreement (Hexion Specialty Chemicals, Inc.)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a an unconditional guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other Personperson.

Appears in 1 contract

Samples: Credit Agreement (Johnson Controls Inc)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due and not of collection, and waives any right to require that any resort be had by any of the Collateral Agent or Lenders to (i) the Obligor, (ii) any other Secured Party to guarantor, (iii) any security held for the payment collateral of the Obligationsany kind, or to any balance of any deposit account or credit on the books of any of the Collateral Agent or any other Secured Party Lenders in favor of the Borrower Obligor or any other Person, or (iv) recourse against any other Person or party.

Appears in 1 contract

Samples: Credit Agreement (Topps Co Inc)

Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party Lender to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party Lender in favor of the Borrower or any other Person.

Appears in 1 contract

Samples: Guaranty (Kansas City Power & Light Co)

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Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other Person.

Appears in 1 contract

Samples: Guaranty Agreement (Kansas City Power & Light Co)

Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other Person.

Appears in 1 contract

Samples: Guaranty (Freescale Semiconductor Holdings I, Ltd.)

Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due and not of collection, and waives any right to require that any resort be had by any of the Collateral Agent or Lenders to (i) the Obligor, (ii) any other Secured Party to guarantor of any security held for the payment of the Obligations, or to (iii) any collateral of any kind, any balance of any deposit account or credit on the books of any of the Collateral Agent or any other Secured Party Lenders in favor of the Borrower Obligor or any other Person, or (iv) recourse against any other party.

Appears in 1 contract

Samples: Credit Agreement (Topps Co Inc)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Funding Party to any of the security held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Funding Party in favor of the Borrower Lessee or any other Personperson.

Appears in 1 contract

Samples: Master Agreement (Ruby Tuesday Inc)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower any Foreign Borrowers or any other Personperson.

Appears in 1 contract

Samples: Credit Agreement (Hexion Specialty Chemicals, Inc.)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other Personperson.

Appears in 1 contract

Samples: Credit Agreement (Canopy Growth Corp)

Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Yum Brands Inc)

Guaranty of Payment. Each of the Guarantors Holdings further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Holdings Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other Personperson.

Appears in 1 contract

Samples: Guarantee Agreement (Viking Holdings LTD)

Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent, Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent, Collateral Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Owens & Minor Inc/Va/)

Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Finance Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.

Appears in 1 contract

Samples: Guaranty (Ahny-Iv LLC)

Guaranty of Payment. Each of the Guarantors Guarantor party hereto further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party Lender to any security (if any) held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party Lender in favor of the any Borrower or any other Person, each Guarantor hereby waiving the benefits of division and discussion.

Appears in 1 contract

Samples: Term Loan Agreement (Northland Cable Properties Seven Limited Partnership)

Guaranty of Payment. Each of the Guarantors Notes Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent Trustee or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent Trustee or any other Secured Party in favor of the Borrower Issuer or any other Person.

Appears in 1 contract

Samples: Indenture (ADT Inc.)

Guaranty of Payment. Each of the Guarantors Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due and not just of collection, and waives any right to require that any resort be had by the Agent, a Bank or the Collateral Agent or any other Secured Party Monitor to any security held for the payment of the Obligations, Obligations or to any balance of any deposit deposit, account or credit on the books of the Agent, a Bank or the Collateral Agent or any other Secured Party Monitor in favor of the Borrower Borrower, any Guarantor, any Subsidiary Guarantor or to any other Person.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Kasper a S L LTD)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee guaranty of payment when due and payable and not of collection, and waives any right (except such as shall be required by any Requirement of Law and cannot be waived) to require that any resort be had by the Collateral Administrative Agent or any other International Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account Deposit Account or credit on the books of the Collateral Administrative Agent or any other International Secured Party in favor of the International Borrower or any other Personperson.

Appears in 1 contract

Samples: International Guaranty and Security Agreement (Hill International, Inc.)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a an unconditional guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.

Appears in 1 contract

Samples: Delayed Draw Bridge Credit Agreement (Spirit AeroSystems Holdings, Inc.)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Secured Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Sprouts Farmers Markets, LLC)

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