Common use of INSOLVENCY OF GUARANTOR Clause in Contracts

INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Agent and Lenders, a fully matured, due, and payable obligation of such Guarantor to Agent and Lenders (without regard to whether any Borrower is then in default under the Loan Documents or whether the Obligations, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp)

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INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights Rights of Administrative Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Administrative Agent and Lenders, a fully matured, due, and payable obligation of such Guarantor to Administrative Agent and Lenders (without regard to whether any Borrower is then in default under the Loan Documents or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 3 contracts

Samples: NBPLP Credit Agreement (Northern Border Partners Lp), Credit Agreement (Northern Border Partners Lp), Revolving Credit Agreement (Northern Border Partners Lp)

INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights Rights of Administrative Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Agent Administrative Agent, and Lenders, a fully matured, due, and payable obligation of such Guarantor to Administrative Agent and Lenders (without regard to whether any Borrower is then in default under the Loan Documents or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 2 contracts

Samples: Security Agreement (Intermedia Communications Inc), Digex Inc/De

INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than OTHER THAN as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than OTHER THAN as a creditor or claimant) that could suspend or otherwise adversely affect the rights Rights of Administrative Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Administrative Agent and Lenders, a fully matured, due, and payable obligation of such Guarantor to Administrative Agent and Lenders (without regard to whether any Borrower is then in default under the Loan Documents Papers or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Dobson Sygnet Communications Co), Credit Agreement (Dobson Communications Corp)

INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law Laws (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Agent Guarantor and LendersLender, a fully matured, due, and payable obligation of such Guarantor to Agent and Lenders Lender (without regard to whether any Borrower is then in default under the Loan Documents or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders Lender upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tandy Brands Accessories Inc)

INSOLVENCY OF GUARANTOR. [S]. Should any [any] Guarantor become insolvent, or fail to pay such Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights Rights of Administrative Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such [such] Guarantor, Agent Administrative Agent, and Lenders, a fully matured, due, and payable obligation of such [such] Guarantor to Administrative Agent and Lenders (without regard to whether any Borrower is then in default under the Loan Documents or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such [such] Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Pledge Agreement (Adelphia Communications Corp)

INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s its debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Agent and Lenders, a fully matured, due, and payable obligation of such Guarantor to Agent and Lenders (without regard to whether any Borrower is then in default under the Loan Documents or whether the Obligations, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Obligation Guaranty (Central Freight Lines Inc)

INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of Agent or any Lender 4 EXHIBIT C granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Agent and Lenders, a fully matured, due, and payable obligation of such Guarantor to Agent and Lenders (without regard to whether any Borrower is then in default under the Loan Documents or whether the Obligations, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Credit Agreement (North American Pipe Corp)

INSOLVENCY OF GUARANTOR. Should any [any] Guarantor become insolvent, or fail to pay such [such] Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights Rights of Administrative Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such [such] Guarantor, Administrative Agent and Lenders, a fully matured, due, and payable obligation of such [such] Guarantor to Administrative Agent and Lenders (without regard to whether any Borrower is then in default under the Loan Documents or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such [such] Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Credit Agreement (Dobson Communications Corp)

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INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than OTHER THAN as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than OTHER THAN as a creditor or claimant) that could suspend or otherwise adversely affect the rights Rights of Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Agent Guarantor and LendersLender, a fully matured, due, and payable obligation of such Guarantor to Agent and Lenders Lender (without regard to whether any Borrower is then in default under the Loan Documents Papers or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders Lender upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Term Loan Agreement (Dobson Communications Corp)

INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights Rights of Agent Administrative Agent, any other Agent, or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Agent Administrative Agent, any other Agent, and Lenders, a fully matured, due, and payable obligation of such Guarantor to Agent Administrative Agent, any other Agent, and Lenders (without regard to whether any Borrower is then in default under the Loan Documents or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Security Agreement (Azz Inc)

INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Bankruptcy Law (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Bankruptcy Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of Administrative Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Agent Administrative Agent, and Lenders, a fully matured, due, and payable obligation of such Guarantor to Administrative Agent and Lenders (without regard to whether any Borrower is then in default under the Loan Documents or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Credit Agreement (Mutual Risk Management LTD)

INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s 's debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Agent Guarantor and LendersLender, a fully matured, due, and payable obligation of such Guarantor to Agent and Lenders Lender (without regard to whether any Borrower is then in default under the Loan Documents or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders Lender upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Tandy Brands Accessories Inc)

INSOLVENCY OF GUARANTOR. Should any Guarantor become insolvent, or fail to pay such Guarantor’s debts generally as they become due, or voluntarily seek, consent to, or acquiesce in, the benefit or benefits of any Debtor Relief Law Laws (other than as a creditor or claimant), or become a party to (or be made the subject of) any proceeding provided for by any Debtor Relief Law Laws (other than as a creditor or claimant) that could suspend or otherwise adversely affect the rights of Administrative Agent or any Lender granted hereunder, then, in any such event, the Guaranteed Debt shall be, as among such Guarantor, Agent Administrative Agent, and Lenders, a fully matured, due, and payable obligation of such Guarantor to Administrative Agent and Lenders (without regard to whether any Borrower is then in default under the Loan Documents or whether the ObligationsObligation, or any part thereof, is then due and owing by any Borrower to any Lender), payable in full by such Guarantor to Lenders upon demand, and the amount thereof so payable shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Credit Agreement (FMC Technologies Inc)

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