Guaranty of the Guaranteed Obligations. The Guarantors jointly and severally hereby irrevocably and unconditionally guaranty to Administrative Agent for the ratable benefit of the Guaranteed Creditors the due and punctual payment in full of all Guaranteed Obligations when the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)).
Guaranty of the Guaranteed Obligations. Subject to the provisions of Section 2.2(a), the Guarantors hereby jointly and severally, absolutely, irrevocably and unconditionally guaranty to the Administrative Agent, for the benefit of the Secured Parties, the prompt and complete payment and performance in full by each other Guarantor of all Guaranteed Obligations when the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code).
Guaranty of the Guaranteed Obligations. Each Guarantor, jointly and severally, hereby irrevocably and unconditionally guarantees to the Administrative Agent for the ratable benefit of the Beneficiaries the due and punctual payment in full of all Secured Obligations when the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), but subject to any applicable cure periods, and excluding, in each case, with respect to any Guarantor at any time, Excluded Swap Obligations with respect to such Guarantor at such time (such obligations, collectively, the “Guaranteed Obligations”).
Guaranty of the Guaranteed Obligations. Guarantor hereby absolutely and unconditionally guarantees (as a guaranty of payment and not merely a guaranty of collection) the prompt payment in full of all of the Guaranteed Obligations as and when the respective parts thereof become due and payable. If the Guaranteed Obligations, or any part thereof, shall not be paid in full when due and payable, WMS (or a designee of WMS), in each case, shall have the right to proceed directly against Guarantor under this Agreement to collect the payment in full of the Guaranteed Obligations, regardless of whether or not WMS shall have theretofore proceeded or shall then be proceeding against Lower Lakes or any other Obligor or Collateral, if any, or any of the foregoing, it being understood that WMS, in its sole discretion, may proceed against any Obligor and any Collateral and may exercise each right, power or privilege that WMS may then have, either simultaneously or separately, and, in any event, at such time or times and as often and in such order as WMS, in its sole discretion, may from time to time deem expedient to collect the payment in full of the Guaranteed Obligations. Guarantor agrees that all payments made by Guarantor under this Agreement shall be made free and clear of, and without deduction or withholding for or on account of any taxes.
Guaranty of the Guaranteed Obligations. (a) Guarantor hereby irrevocably and unconditionally guarantees, until the Termination Date, the due and punctual payment in fill of all Guaranteed Obligations when the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of Bankruptcy Law).
(b) Drawings may be made by the Trustee under this Agreement pursuant to and subject to the terms of Article 10 of the Deposit and Disbursement Agreement.
(c) As of the Closing Date, the amount guaranteed hereunder (the "Guaranteed Amount") is $83,385,850.21, calculated as follows: Equity Obligations $46,863,665.53 BPL Delay Debt Service Obligations 6,021,184.68 Cost Overrun Obligations 30,501,000.00 COI Obligations 0.00 Guaranteed Amount $83,385,850.21
(d) After the Closing Date, the Guaranteed Amount shall be subject to reduction from time to time as follows:
(i) The Equity Obligations shall be reduced, as of any date of determination, (A) to an amount equal to (x) the amount of Remaining Cash Equity as of such date minus (y) the amount of payments due under Sections 5.1.2 and 5.1.3 of the Naming Rights Agreement that have not been paid as of such date and (B) by the amount of each Equity Drawing (but without duplication of any amounts taken into account in the reduction of Remaining Cash Equity).
(ii) The BPL Delay Debt Service Obligations shall be reduced by (A) each payment of BPL Delay Debt Service made by BPL and (B) the amount of each BPL Delay Debt Service Drawing (but without duplication of any amounts taken into account in the foregoing clause (A)).
(iii) The Cost Overrun Obligations shall be reduced by (i) by the amount of each Cost Overrun Drawing, (ii) any amount thereof which has been paid to the Trustee in respect of Cost Overrun Obligations from the proceeds of Subordinated Loans as certified by the Guarantor to the Trustee in a Subordinated Loan Certificate and (iii) any amount by which the Cost Overrun Obligations have been reduced pursuant to Section 2.9.
(iv) The COI Obligations shall be reduced (A) to equal the amount of the COI Requirement as of any date of determination and (B) by the amount of any COI Drawing.
Guaranty of the Guaranteed Obligations. Subject to the provisions of subsections 2.2(a), Guarantors jointly and severally hereby irrevocably and unconditionally guarantee the due and punctual payment in full of all Guaranteed Obligations when the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. ss. 362(a)). The term "Guaranteed Obligations" is used herein in its most comprehensive sense and includes:
Guaranty of the Guaranteed Obligations. Subject to the provisions of subsection 2.2, each of the Subsidiary Guarantors hereby, jointly and severally, irrevocably and unconditionally guarantees, as primary obligor and not merely as surety, the due and punctual payment in full of all Guaranteed Obligations when the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. Section 362(a) or under any similar provisions of any applicable Bankruptcy Law. The term "GUARANTEED OBLIGATIONS" is used herein in its most comprehensive sense and includes:
Guaranty of the Guaranteed Obligations. Subject to the provisions of Section 2.2, the Guarantors jointly and severally hereby irrevocably and unconditionally guaranty to the
Guaranty of the Guaranteed Obligations. Subject to the provisions of subsection 2.2(a), Guarantors hereby, jointly and severally, irrevocably and unconditionally guaranty, each as a primary obligor and not merely as a surety, the due and punctual payment in full of all Guaranteed Obligations when the same shall become due, whether at stated maturity, by required prepayment, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. Section 362(a)), as amended. The term "GUARANTEED OBLIGATIONS" is used herein in its most comprehensive sense and includes any and all Obligations of any Loan Party now or hereafter made, incurred or created, whether absolute or contingent (including contingent obligations in respect of underwriters of credit or any other Guaranty), liquidated or unliquidated, whether due or not due, and however arising under or in connection with the Loan and Security Agreement and the other Loan Documents, including those arising under successive borrowing transactions under the Loan and Security Agreement which shall either continue the Obligations of any Borrower or from time to time renew them after they have been satisfied.
Guaranty of the Guaranteed Obligations. Subject to the provisions of Section 2.2(a), the Guarantors jointly and severally hereby irrevocably and unconditionally guarantee to the Secured Party, for the ratable benefit of the Holders, the prompt and complete payment and performance in full of all Guaranteed Obligations when the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due or would otherwise accrue but for the provisions of any Bankruptcy Law). The term “Guaranteed Obligations” means:
