New Guaranty. In the event that (i) any Loan Paper is rejected by a trustee or debtor-in-possession in any bankruptcy or insolvency proceeding involving the Borrower or (ii) any Loan Paper or this Guaranty is terminated as a result of any bankruptcy or insolvency proceeding involving the Borrower and, if within sixty (60) days after such rejection or termination, the Administrative Agent or its designee shall so request and shall certify in writing to the Guarantor that it intends to perform the obligations of the Borrower as and to the extent required under such Loan Paper or this Guaranty, as applicable, the Guarantor will, unless prohibited by bankruptcy or other applicable law, execute and deliver to the Administrative Agent or such designee, a new Guaranty that shall contain the same conditions, agreements, terms, provisions and limitations as such original Guaranty (except for any requirements which have been fulfilled by the Borrower and the Guarantor prior to such rejection or termination).
Appears in 2 contracts
Samples: Guaranty (Monro Muffler Brake Inc), Guaranty (Monro Muffler Brake Inc)
New Guaranty. In the event that (ia) any Loan Paper Transaction Document is rejected by a trustee or debtor-in-possession in any bankruptcy or insolvency proceeding involving the Borrower or (iib) any Loan Paper Transaction Document or this Guaranty is terminated as a result of any bankruptcy or insolvency proceeding involving the Borrower and, if within sixty (60) days after such rejection or termination, the Administrative Agent Lender or its designee shall so request and shall certify in writing to the Guarantor Guarantors that it intends to perform the obligations Obligations of the Borrower as and to the extent required under such Loan Paper Transaction Document or this Guaranty, as applicable, the Guarantor Guarantors will, unless prohibited by bankruptcy or other applicable law, execute and deliver to the Administrative Agent Lender or such designee, a new Guaranty guaranty that shall contain the same conditions, agreements, terms, provisions and limitations as such original this Guaranty (except for any requirements which have been fulfilled by the Borrower and the Guarantor Guarantors prior to such rejection or termination).. Sincerely yours,
Appears in 2 contracts
Samples: Guaranty Agreement (Tri Valley Corp), Guaranty Agreement (Tri Valley Corp)
New Guaranty. In the event that (i) any Loan Paper is rejected by a trustee or debtor-in-possession in any bankruptcy or insolvency proceeding involving the Borrower or (ii) any Loan Paper or this Guaranty is terminated as a result of any bankruptcy or insolvency proceeding involving the Borrower and, if within sixty (60) days after such rejection or termination, the Administrative Agent or its designee shall so request and shall certify in writing to the Guarantor Guarantors that it intends to perform the obligations of the Borrower as and to the extent required under such Loan Paper or this Guaranty, as applicable, the Guarantor Guarantors will, unless prohibited by bankruptcy or other applicable law, execute and deliver to the Administrative Agent or such designee, a new Guaranty that shall contain the same conditions, agreements, terms, provisions and limitations as such original Guaranty (except for any requirements which have been fulfilled by the Borrower and the Guarantor prior to such rejection or termination).
Appears in 1 contract
Samples: Guaranty (Monro Muffler Brake Inc)
New Guaranty. In the event that (i) any Loan Paper Credit Document is rejected by a trustee or debtor-in-possession in any bankruptcy or insolvency proceeding involving the Borrower or the Lessee or (ii) any Loan Paper Credit Document or this Guaranty is terminated as a result of any bankruptcy or insolvency proceeding involving the Borrower or the Lessee and, if within sixty (60) days after such rejection or termination, the Administrative Agent or its designee shall so request and shall certify in writing to the Guarantor that it intends to perform the obligations of the Borrower as and to the extent required under such Loan Paper Credit Document or this Guaranty, as applicable, the Guarantor will, unless prohibited by bankruptcy or other applicable law, execute and deliver to the Administrative Agent or such designee, concurrently with the delivery by the Lessor or such designee of a new Lease Document that contains the same conditions, agreements, terms, provisions and limitations as such original Lease Document, a new Guaranty that shall contain the same conditions, agreements, terms, provisions and limitations as such original Guaranty (except for any requirements which have been fulfilled by the Borrower and the Guarantor prior to such rejection or termination).
Appears in 1 contract