Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the 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 Administrative Agent or any other Secured Party in favor of the Borrower or any other Person.
Appears in 6 contracts
Samples: Amended and Restated Credit Agreement (IASIS Healthcare LLC), Revolving Credit Agreement (IASIS Healthcare LLC), Guaranty (LVB Acquisition, Inc.)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Credit 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 Administrative Agent or any other Secured Credit Party in favor of the Borrower Borrowers or any other Personperson.
Appears in 5 contracts
Samples: Credit Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co)
Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Foreign Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the any Foreign Borrower or any other Person.
Appears in 5 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Collateral 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 Administrative Collateral Agent or any other Secured Party in favor of the any Borrower or any other Person.
Appears in 5 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower or any other Person.
Appears in 4 contracts
Samples: Credit Agreement, Amendment and Restatement Agreement (Sabre Corp), Amendment and Restatement Agreement (Sabre Corp)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Guaranteed Party 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 Administrative Agent or any other Secured Guaranteed Party in favor of the Borrower or any other Person.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Strayer Education Inc), Revolving Credit Agreement (Strayer Education Inc), Subsidiary Guaranty Agreement (JTH Holding, Inc.)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party Lender to the Borrower or to any other guarantor or 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 Administrative Agent or any other Secured Party Lender in favor of the any Borrower or any other Personperson.
Appears in 3 contracts
Samples: Company Guaranty Agreement (Memc Electronic Materials Inc), Guaranty Agreement (Memc Electronic Materials Inc), Guaranty Agreement (Memc Electronic Materials Inc)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Facility Agent or any other Secured Finance 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 Administrative Facility Agent or any other Secured Finance Party in favor of the Borrower or any other Personperson.
Appears in 2 contracts
Samples: Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, or Lender to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party Lender in favor of the Borrower Borrower, any other guarantor or any other Person.
Appears in 2 contracts
Samples: Credit Facility Agreement (Janus Capital Group Inc), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Janus Capital Group Inc)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guaranty hereunder this Guaranty constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by any Secured Party to the Administrative Agent Company, any other Guarantor or any other Secured Party Person, 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 Administrative Agent or any other Secured Party in favor of the Borrower Company or any other Person.
Appears in 2 contracts
Samples: Note Purchase Agreement (Woodward Governor Co), Note Purchase Agreement (Woodward Governor Co)
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the 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 Administrative Agent or any other Secured Party in favor of the Parent Borrower, the Co-Borrower or any other Person.
Appears in 2 contracts
Samples: Guaranty (Aptalis Holdings Inc.), Guaranty (Axcan Intermediate Holdings Inc.)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guaranty hereunder this Guaranty constitutes a guaranty of payment when due (and not a guaranty of collection, ) and waives any right to require that any resort be had by the Administrative Agent or any Holder to any other Secured Party Person or 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 or any other Secured Party in favor of the Borrower or any other Person.
Appears in 2 contracts
Samples: Note Purchase Agreement (Brandywine Operating Partnership Lp /Pa), Note Purchase Agreement (Brandywine Realty Trust)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the 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 Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other Person.
Appears in 2 contracts
Samples: Credit Agreement (Superior Uniform Group Inc), Credit Agreement (Superior Uniform Group Inc)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations, Guaranty Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other Personperson.
Appears in 2 contracts
Samples: Note Purchase Agreement (Scient Inc), Note Purchase Agreement (Ixl Enterprises Inc)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the 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 Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other Person.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Maximus Inc), Subsidiary Guaranty Agreement (Stanley, Inc.)
Guaranty of Payment. Each of the Guarantors Borrowers further agrees that its guaranty hereunder this Guaranty constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any of the Collateral or other security held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the any other Borrower or any other PersonPerson or to any other guarantor of all or part of the Obligations.
Appears in 2 contracts
Samples: Guaranty (Marsh Supermarkets Inc), Guaranty (Marsh Supermarkets Inc)
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the 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 Administrative Agent or any other Secured Party in favor of the Borrower or any other Person.
Appears in 2 contracts
Samples: Guaranty (Primedia Inc), Guaranty (VPNet Technologies, Inc.)
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder this Guaranty constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any of the Collateral or other security held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower any other Guarantor or any other PersonPerson or to any other guarantor of all or part of the Obligations.
Appears in 1 contract
Samples: Guaranty (GameStop Corp.)
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the 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 Administrative Administra- tive Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.
Appears in 1 contract
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the 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 Administrative Agent or any other Secured Party in favor of the Parent Borrower, the Dutch Subsidiary Borrower or any other Person.
Appears in 1 contract
Samples: u.s. Guaranty (WP Prism Inc.)
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party resort 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 or any other Secured Party in favor of the Borrower or any other Person.
Appears in 1 contract
Samples: Guaranty (ASC Acquisition LLC)
Guaranty of Payment. Each of the Guarantors The Parent further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the 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 Administrative Agent or any other Secured Party in favor of the either Non-US Borrower or any other Person.
Appears in 1 contract
Samples: Credit Agreement (Om Group Inc)
Guaranty of Payment. Each of the Guarantors further agrees that its The guaranty hereunder constitutes under this Article 15 is a guaranty of payment when due and not of collection, and . Each Borrower waives any right to require that any resort be had by the Administrative Agent or any Lender to xxx any other Secured Party to Borrower, any security held for the payment of the Obligationsother guarantor, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor person obligated for all or any part of the Borrower Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any other Personpart of the Guaranteed Obligations.
Appears in 1 contract
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the 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 Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.
Appears in 1 contract
Samples: Guaranty (Biolectron, Inc.)
Guaranty of Payment. Each of the Domestic Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower Parent or any other Person.
Appears in 1 contract
Samples: Credit Agreement (Om Group Inc)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower U.S. Borrowers or any other Person.
Appears in 1 contract
Samples: u.s. Guaranty (Abl) (Ebi, LLC)
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Dutch Subsidiary Borrower or any other Person.
Appears in 1 contract
Guaranty of Payment. Each of the Guarantors further agrees that its This guaranty hereunder constitutes is a guaranty of payment when due and not of collection, and . Each Guarantor hereby waives any right to require that the Lender to xxx the Borrowers, any resort be had by the Administrative Agent other Guarantor or any other Secured Party to Person obligated for all or any security held for the payment part of the ObligationsGuaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any balance of collateral securing all or any deposit account or credit on the books part of the Administrative Agent or any other Secured Party in favor of the Borrower or any other PersonGuaranteed Obligations.
Appears in 1 contract
Samples: Loan Agreement (SWK Holdings Corp)
Guaranty of Payment. Each of the Guarantors further ------------------- agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Collateral 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 Administrative Collateral Agent or any other Secured Party in favor of the any Borrower or any other Person.
Appears in 1 contract
Guaranty of Payment. Each of the The Guarantors further agrees agree that its their guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower Dutch Borrowers or any other Person.
Appears in 1 contract
Samples: Guaranty Agreement (Ebi, LLC)
Guaranty of Payment. Each of the Guarantors further agrees that its This guaranty hereunder constitutes is a guaranty of payment when due and not of collection, and . Each Guarantor waives any right to require that the Lender to sxx any resort be had by the Administrative Agent Borrower, any Guarantor, any other guarantor of, or any other Secured Party to Person obligated for all or any security held for the payment part of the ObligationsGuaranteed Obligations (each, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower or any other Personan “Obligated Party”).
Appears in 1 contract
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the 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 Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.
Appears in 1 contract
Samples: Guaranty (VPNet Technologies, Inc.)
Guaranty of Payment. Each of the Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the 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 Administrative Agent or any other Secured Party in favor of the either Non-US Borrower or any other Person.
Appears in 1 contract
Samples: Credit Agreement (Om Group Inc)