Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F hereto (each, a “Guaranty Supplement”), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Guaranty,” “hereunder,” “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Guaranty,” “thereunder,” “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 2 contracts
Samples: Credit Agreement (Hill-Rom Holdings, Inc.), Credit Agreement (Hillenbrand, Inc.)
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F A hereto (each, a “Guaranty Supplement”), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Guaranty,” ”, “hereunder,” ”, “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Subsidiary Guaranty,” ”, “thereunder,” ”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 2 contracts
Samples: Subsidiary Guaranty (LCE AcquisitionSub, Inc.), Subsidiary Guaranty (LEM America, Inc)
Guaranty Supplements. Upon the execution and delivery by any Person Subsidiary of a guaranty supplement in substantially the form of Exhibit F H hereto (each, a “Guaranty Supplement”), (a) such Person Subsidiary shall be referred to as an “Additional Guarantor,” and shall become and be a Guarantor hereunder, and each reference in this Guaranty or any other provision of this Agreement to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Guaranty,” “this Agreement,” “hereunder,” “hereof” or words of like import referring to this GuarantyGuaranty and/or this Agreement, as the case may be, and each reference in any other Loan Document to the “Guaranty,” “thereunder,” “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty and this Agreement as supplemented by such Guaranty Supplement; provided that in no event shall a Foreign Subsidiary be obligated to become a Guarantor.
Appears in 2 contracts
Samples: And Guaranty Agreement (General Growth Properties Inc), And Guaranty Agreement (General Growth Properties Inc)
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F A hereto (each, a “"Guaranty Supplement”"), (a) such Person shall be referred to as an “"Additional Guarantor” " and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “"Guarantor” " shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “"Subsidiary Guarantor” " shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “"this Guaranty,” “", "hereunder,” “", "hereof” " or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “"Subsidiary Guaranty,” “", "thereunder,” “", "thereof” " or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement. Notwithstanding anything to the contrary in this Agreement or any other Loan Document, no Regulated Subsidiary shall be required at any time to become an "Additional Guarantor" hereunder, except to the extent required pursuant to Section 6.12(a) of the Credit Agreement.
Appears in 2 contracts
Samples: Refco Inc., Refco Information Services, LLC
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F E hereto (each, a “Guaranty Supplement”), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Guaranty,” “hereunder,” “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Guaranty,” “thereunder,” “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 2 contracts
Samples: Credit Agreement (Neustar Inc), Credit Agreement (Td Ameritrade Holding Corp)
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F E hereto (each, a “Guaranty Supplement”), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Guaranty,” “hereunder,” “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Guaranty,” “thereunder,” “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.. Express – Term Loan Credit Agreement
Appears in 2 contracts
Samples: Intercreditor Agreement (Express Parent LLC), Credit Agreement (Express Parent LLC)
Guaranty Supplements. Upon the execution and delivery by any Person Additional Subsidiary Guarantor of a guaranty supplement in substantially the form of Exhibit F I hereto (each, a “"Guaranty Supplement”"), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “"Guarantor” " shall also mean and be a reference to such Additional Subsidiary Guarantor, and each reference in any other Loan Document to a “"Subsidiary Guarantor” " shall also mean and be a reference to such Additional Subsidiary Guarantor, and (b) each reference herein to “"this Guaranty,” “" "hereunder,” “" "hereof” " or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “"Guaranty,” “" "thereunder,” “" "thereof” " or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: Credit Agreement (Dynegy Inc /Il/)
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F hereto (each, a “Guaranty Supplement”), (ai) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty Agreement to a “Guarantor” or a “Loan Party” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and (bii) each reference herein to “this Agreement”, “this Guaranty,” ”, “hereunder,” ”, “hereof” or words of like import referring to this Agreement and this Guaranty, and each reference in any other Loan Document to the “Loan Agreement”, “Guaranty,” ”, “thereunder,” ”, “thereof” or words of like import referring to this Agreement and this Guaranty, shall mean and be a reference to this Agreement and this Guaranty as supplemented by such Guaranty Supplement. Unless a Default has occurred and is continuing, any Subsidiary Guarantor which both no longer owns Unencumbered Property and is no longer obligated in respect of any Unsecured Debt (whether as a borrower, a guarantor or otherwise), shall be entitled to a release executed by Administrative Agent from the Guaranty Supplement and the Contribution Agreement upon ten (10) days prior written notice to Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (American Campus Communities Operating Partnership LP)
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F hereto (each, a “"Guaranty Supplement”"), (a) such Person shall be referred to as an “"Additional Guarantor” " and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “"Guarantor” " shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “"Subsidiary Guarantor” " shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “"this Guaranty,” “" "hereunder,” “" "hereof” " or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “"Guaranty,” “" "thereunder,” “" "thereof” " or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: Credit Agreement (Chemtura CORP)
Guaranty Supplements. Upon the execution and delivery by any Person Subsidiary of a guaranty supplement in substantially the form of Exhibit F D hereto (each, a “Guaranty Supplement”), (a) such Person Subsidiary shall be referred to as an “Additional Guarantor” and shall become and be a Subsidiary Guarantor hereunder, and each reference in this Subsidiary Guaranty to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Subsidiary Guaranty,” “hereunder,” “hereof” or words of like import referring to this Subsidiary Guaranty, and each reference in any other Loan Document to the “Subsidiary Guaranty,” “thereunder,” “thereof” or words of like import referring to this Subsidiary Guaranty, shall mean and be a reference to this Subsidiary Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Guaranty Supplements. Upon the execution and delivery by any Person Subsidiary of a guaranty supplement in substantially the form of Exhibit F H hereto (each, a “Guaranty Supplement”), (a) such Person Subsidiary shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty or any other provision of this Agreement to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Guaranty,” “this Agreement,” “hereunder,” “hereof” or words of like import referring to this GuarantyGuaranty and/or this Agreement, as the case may be, and each reference in any other Loan Document to the “Guaranty,” “thereunder,” “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty and this Agreement as supplemented by such Guaranty Supplement; provided that in no event shall a Foreign Subsidiary be obligated to become a Guarantor.
Appears in 1 contract
Samples: Security and Guaranty Agreement (Pershing Square Capital Management, L.P.)
Guaranty Supplements. Upon the execution and delivery by any Person of a -------------------- guaranty supplement in substantially the form of Exhibit F H hereto (each, a “"Guaranty Supplement”"), (a) such Person shall be referred to as an “"Additional Guarantor” " and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “"Guarantor” " shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “"Subsidiary Guarantor” " shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “"this Guaranty,” “", "hereunder,” “", "hereof” " or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “"Guaranty,” “", "thereunder,” “", "thereof” " or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F I hereto (each, a “Guaranty Supplement”), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Guaranty,” “hereunder,” “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Guaranty,” “thereunder,” “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: Credit Agreement (Hexacomb CORP)
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F D hereto (each, a “Guaranty Supplement”), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Guaranty,” ”, “hereunder,” ”, “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Guaranty,” ”, “thereunder,” ”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement. The parties acknowledge and agree that in no circumstances shall any Subsidiary of the Parent that is not a “Guarantor” under (and as defined in) the KCSR Credit Agreement be permitted to become an Additional Guarantor.
Appears in 1 contract
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F K hereto (each, a “Guaranty Supplement”), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Subsidiary Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Guaranty,” ”, of this “Subsidiary Guaranty”, “hereunder,” ”, “hereof” or words of like import referring to this Subsidiary Guaranty, and each reference in any other Loan Document to the “Guaranty,”, “Subsidiary Guaranty” “thereunder,” ”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Subsidiary Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F D hereto (each, a “Guaranty Supplement”), when required by Section 5.08(a), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, Guarantor and (b) each reference herein to “this Guaranty,” “hereunder,” “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Guaranty,” “thereunder,” “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: Junior Lien Term Loan Credit Agreement (McClatchy Co)
Guaranty Supplements. Upon the execution and delivery by any Person of a guaranty supplement in substantially the form of Exhibit F M hereto (each, a “Guaranty Supplement”), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Subsidiary Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “this Guaranty,” ”, of this “Subsidiary Guaranty”, “hereunder,” ”, “hereof” or words of like import referring to this Subsidiary Guaranty, and each reference in any other Loan Document to the “Guaranty,”, “Subsidiary Guaranty” “thereunder,” ”, “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Subsidiary Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Guaranty Supplements. Upon the execution and delivery by any Person Additional Subsidiary Guarantor of a guaranty supplement in substantially the form of Exhibit F hereto H (each, a “Guaranty Supplement”), (a) such Person shall be referred to as an “Additional Guarantor” and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “Guarantor” shall also mean and be a reference to such Additional Subsidiary Guarantor, and each reference in any other Loan Document to a “Subsidiary Guarantor” shall also mean and be a reference to such Additional Subsidiary Guarantor, and (b) each reference herein to “this Guaranty,” “hereunder,” “hereof” or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “Guaranty,” “thereunder,” “thereof” or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: Credit Agreement (Dynegy Inc /Il/)
Guaranty Supplements. Upon the execution and delivery ----------------------------------- by any Person of a guaranty supplement in substantially the form of Exhibit F E hereto (each, a “"Guaranty Supplement”"), (a) such Person shall be referred to as an “"Additional Guarantor” " and shall become and be a Guarantor hereunder, and each reference in this Guaranty to a “"Guarantor” " shall also mean and be a reference to such Additional Guarantor, and each reference in any other Loan Document to a “"Subsidiary Guarantor” " shall also mean and be a reference to such Additional Guarantor, and (b) each reference herein to “"this Guaranty,” “", "hereunder,” “", "hereof” " or words of like import referring to this Guaranty, and each reference in any other Loan Document to the “"Guaranty,” “", "thereunder,” “", "thereof” " or words of like import referring to this Guaranty, shall mean and be a reference to this Guaranty as supplemented by such Guaranty Supplement.
Appears in 1 contract
Samples: Amf Bowling Worldwide Inc