Common use of Joinder to Guaranty Clause in Contracts

Joinder to Guaranty. (a) The New Guarantor hereby acknowledges that it has received and reviewed a copy of the Credit Agreement, the Guaranty and each of the other Loan Documents. The Guarantor hereby agrees to become a Guarantor in respect of the Obligations as set forth in the Guaranty and, by executing and delivering this Joinder Agreement, does hereby join and become a party to the Guaranty as a Guarantor, assuming all of the obligations and liabilities of a Guarantor thereunder. The New Guarantor agrees to comply with, and be bound by, all of the terms and conditions of the Guaranty in all respects as an original Guarantor thereunder, as if the New Guarantor was an original signatory thereto and the New Guarantor assumes all obligations and liabilities arising or incurred under the Guaranty. Without limiting the generality of the foregoing terms of this §1(a), the New Guarantor hereby guarantees, jointly and severally together with the other Guarantors, the prompt payment of the Obligations in accordance with Section 2 of the Guaranty. (b) Each Borrower confirms that the Credit Agreement and the other Loan Documents are, and upon the New Guarantor becoming a Guarantor, shall continue to be, in full force and effect. The parties hereto confirm and agree that immediately upon the New Guarantor becoming a Guarantor the term “Obligations,” as used in the Credit Agreement, shall include all obligations of the New Guarantor under the Credit Agreement and under each other Loan Document.

Joinder to Guaranty. By execution of this Joinder, Joining Guarantor guaranties to Beneficiary, jointly and severally with the other Guarantors and as provided in the Guaranty, the full and prompt payment and performance of the Loan Obligations (awhenever arising, including those existing on the date hereof) The New and all costs of collection thereof, including reasonable attorneys' fees and expenses (whether or not there is litigation), court costs and all costs in connection with any proceedings under the United States Bankruptcy Code (collectively, as defined in the Guaranty, the Guarantied Obligations). Joining Guarantor hereby further agrees and acknowledges that by execution of this Joinder, Joining Guarantor is obligated as a Guarantor under the Guaranty to the same extent as if Joining Guarantor had executed the Guaranty itself, that there is no limit on the Guarantied Obligations, that the guaranty by Joining Guarantor is a continuing, absolute and unconditional guaranty of payment and performance and not merely of collection, that Joining Guarantor's liability with respect to the Guarantied Obligations is primary, not secondary. and that, upon the occurrence of any Event of Default and at any time thereafter, Beneficiary may proceed directly against any Guarantor without first proceeding against Borrower, any other Person liable for the payment or performance of the Guarantied Obligations, or any Collateral or other security for the Guarantied Obligations. All of the terms of the Guaranty are incorporated herein by this reference. Joining Guarantor acknowledges that it has received and reviewed a copy of the Credit AgreementGuaranty, has had the Guaranty and each of the other Loan Documents. The Guarantor hereby agrees opportunity to become a Guarantor in respect of the Obligations as set forth in the Guaranty and, by executing and delivering this Joinder Agreement, does hereby join and become a party to the Guaranty as a Guarantor, assuming all of the obligations and liabilities of a Guarantor thereunder. The New Guarantor agrees to comply withdiscuss it with counsel, and be bound by, all of the terms has read and conditions of the Guaranty in all respects as an original Guarantor thereunder, as if the New Guarantor was an original signatory thereto and the New Guarantor assumes all obligations and liabilities arising or incurred under the Guaranty. Without limiting the generality of the foregoing terms of this §1(a), the New Guarantor hereby guarantees, jointly and severally together with the other Guarantors, the prompt payment of the Obligations in accordance with Section 2 of the Guarantyfully understands its provisions. (b) Each Borrower confirms that the Credit Agreement and the other Loan Documents are, and upon the New Guarantor becoming a Guarantor, shall continue to be, in full force and effect. The parties hereto confirm and agree that immediately upon the New Guarantor becoming a Guarantor the term “Obligations,” as used in the Credit Agreement, shall include all obligations of the New Guarantor under the Credit Agreement and under each other Loan Document.

Joinder to Guaranty. The undersigned Subsidiaries of Holdings each hereby agree that in accordance with and as required by Section 6(b)(i) of the Joinder Agreement and Section 6.10 of the Amended Credit Agreement, immediately upon the execution and delivery by the undersigned of the signature page hereto, (a) The New Guarantor hereby acknowledges that it has received the undersigned shall be bound under the Amended Credit Agreement as a “Guarantor” under the Amended Credit Agreement and reviewed a copy of the Credit Agreement, the Guaranty and each of the other Loan Documents. The Guarantor Documents to the same extent as if it had executed the Restatement Agreement and become party to the Amended Credit Agreement on the Signing Date and the undersigned hereby agrees to become a Guarantor in respect of the Obligations as set forth in the Guaranty and, by executing and delivering this Joinder Agreement, does hereby join and become a party to the Guaranty be bound as a “Guarantor, assuming all of the obligations and liabilities of a Guarantor thereunder. The New Guarantor agrees to comply with, and be bound by, all of the terms and conditions of the Guaranty in all respects as an original Guarantor thereunder, as if the New Guarantor was an original signatory thereto and the New Guarantor assumes all obligations and liabilities arising or incurred ” under the Guaranty. Without limiting the generality of the foregoing terms of this §1(a), the New Guarantor hereby guarantees, jointly and severally together with the other Guarantors, the prompt payment of the Obligations in accordance with Section 2 of the Guaranty. (b) Each Borrower confirms that the Credit Agreement and the other Loan Documents areDocuments, and upon (b) the New Guarantor becoming undersigned shall become a party to the Credit Agreement as a “Guarantor, shall continue to be, in full ” with the same force and effect. The parties hereto confirm effect as if originally named in the Credit Agreement as a “Guarantor”, and, without limiting the generality of the foregoing, the undersigned hereby agrees to be bound by all obligations and agree that immediately upon liabilities of the New Guarantor becoming a Guarantor the term “Obligations,” as used in Guarantors under the Credit Agreement, (c) each reference to a “Guarantor” or the “Guarantor” in the Credit Agreement and in any other Loan Document shall be deemed to include all obligations of the New Guarantor undersigned, and (d) the undersigned (in its capacity as a “Guarantor”) shall be liable under the Credit Agreement and under each other Loan Documentfor all obligations incurred thereunder on the terms provided therein.

Joinder to Guaranty. (a) The New Guarantor hereby acknowledges that it has received and reviewed a copy of the Credit Agreement, the Guaranty and each of the other Loan Documents. The Guarantor hereby agrees to become a Guarantor in respect of the Obligations as set forth in the Guaranty and, by executing and delivering this Joinder Agreement, does hereby join and become a party to the Guaranty as a Guarantor, assuming all of the obligations and liabilities of a Guarantor thereunder. The New Guarantor agrees to comply with, and be bound by, all of the terms and conditions of the Guaranty in all respects as an original Guarantor thereunder, as if the New Guarantor was an original signatory thereto and the New Guarantor assumes all obligations and liabilities arising or incurred under the Guaranty. Without limiting the generality of the foregoing terms of this §1(a), the New Guarantor hereby guarantees, jointly and severally together with the other Guarantors, the prompt payment of the Obligations in accordance with Section 2 of the Guaranty. (b) Each Borrower confirms that the Credit Agreement and the other Loan Documents are, and upon the New Guarantor becoming a Guarantor, shall continue to be, in full force and effect. The parties hereto confirm and agree that immediately upon the New Guarantor becoming a Guarantor the term “Obligations,” as used in the Credit Agreement, shall include all obligations of the New Guarantor under the Credit Agreement and under each other Loan Document.