Common use of Guaranty of the Guarantied Obligations Clause in Contracts

Guaranty of the Guarantied Obligations. The Guarantor hereby irrevocably and unconditionally guarantees to the Bank the due and punctual payment in full by the Borrower of all Guarantied 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)). The term "Guarantied Obligations" means: (a) any and all debts, obligations and liabilities of the Borrower, in each case previously, now or hereafter made, incurred or created, whether absolute or contingent, liquidated or unliquidated, whether due or not due, and however arising under the Loan Documents, including those arising under the Loan Agreement, and including interest which, but for the filing of a petition in bankruptcy with respect to the Borrower, would have accrued on any Guarantied Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy proceeding; and (b) the expenses referred to in section 3.8 of this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Pioneer Power Solutions, Inc.)

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Guaranty of the Guarantied Obligations. The Guarantor Subject to the provisions of Section 2.2, Guarantors jointly and severally hereby irrevocably and unconditionally guarantees to guaranty for the Bank benefit of the Beneficiaries and their respective permitted successors, endorsees, transferees and assigns, as primary obligors and not merely as sureties, the due and punctual payment in full by the Borrower of all Guarantied Obligations the following 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) (collectively, 11 U.S.C. § 362(a)). The term the "Guarantied Obligations" means:"): (a) any and all debts, obligations and liabilities Obligations of the BorrowerBorrower and/or any other Credit Party, in each case previously, now or hereafter made, incurred or created, whether absolute or contingent, liquidated or unliquidated, whether due or not due, and however arising under or in connection with the Loan Credit Agreement and the other Credit Documents, including those arising under successive borrowing transactions (if any) under the Loan Agreement, Credit Agreement which shall either continue the Obligations of Borrower or from time to time renew them after they have been satisfied and including interest which, but for the filing of a petition in bankruptcy with respect to the Borrower, would have accrued on any Guarantied Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy proceeding, including all extensions and refinancings of the foregoing; and (b) the those expenses referred to set forth in section 3.8 of this GuarantySection 2.8 hereof.

Appears in 1 contract

Samples: Credit Agreement (Xinhua Finance Media LTD)

Guaranty of the Guarantied Obligations. The Subject to the provisions of Section 2.2, each Guarantor hereby absolutely, irrevocably and unconditionally guarantees to guarantees, jointly with the Bank other Guarantors and severally, for the benefit of the Beneficiaries, as a primary obligor and not merely as a surety, the due and punctual payment in full by the Borrower of all Guarantied Obligations the following 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) (collectively, 11 U.S.C. § 362(a)). The term "the “Guarantied Obligations" means”); provided that with respect to any Guarantor at any time, the definition of “Guarantied Obligations” shall exclude Excluded Swap Obligations with respect to such Guarantor at such time: (a) any and all debts, obligations and liabilities Obligations of the BorrowerBorrower and/or any other Credit Party, in each case previously, now or hereafter made, incurred or created, whether absolute or contingent, liquidated or unliquidated, whether due or not due, and however arising under or in connection with the Credit Agreement and the other Loan Documents, including those arising under successive borrowing transactions (if any) under the Loan Agreement, Credit Agreement which shall either continue the Obligations of the Borrower or from time to time renew them after they have been satisfied and including interest which, but for the filing of a petition in bankruptcy with respect to the Borrower, would have accrued on any Guarantied Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy proceeding, including all extensions and refinancings of the foregoing; and (b) the those expenses referred to set forth in section 3.8 of this GuarantySection 2.8 hereof.

Appears in 1 contract

Samples: Guaranty Agreement (Eldorado Resorts, Inc.)

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Guaranty of the Guarantied Obligations. The Subject to the provisions of Section 2.2, the Guarantor hereby irrevocably and unconditionally guarantees to guaranties for the Bank benefit of the Beneficiaries, as a primary obligor and not merely as a surety, the due and punctual payment in full by the Borrower of all Guarantied Obligations the following 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) (collectively, 11 U.S.C. § 362(a)). The term "the “Guarantied Obligations" means:”): (a) any and all debts, obligations and liabilities Obligations of the Borrower, in each case previously, Borrower now or hereafter made, incurred or created, whether absolute or contingent, liquidated or unliquidated, whether due or not due, and however arising under or in connection with the Credit Agreement and the other Loan Documents, including those arising under successive borrowing transactions (if any) under the Loan Agreement, Credit Agreement which shall either continue the Obligations of the Borrower or from time to time renew them after they have been satisfied and including interest which, but for the filing of a petition in bankruptcy with respect to the Borrower, would have accrued on any Guarantied Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy proceeding, including all extensions and refinancings of the foregoing; and (b) the those expenses referred to set forth in section 3.8 of this GuarantySection 2.7 hereof.

Appears in 1 contract

Samples: Guaranty (Cig Wireless Corp.)

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