Common use of New Guaranty Clause in Contracts

New Guaranty. In the event that (a) any Transaction Document is rejected by a trustee or debtor-in-possession in any bankruptcy or insolvency proceeding involving the Borrower or (b) any 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 Lender or its designee shall so request and shall certify in writing to the Guarantors that it intends to perform the Obligations of the Borrower as and to the extent required under such Transaction Document or this Guaranty, as applicable, the Guarantors will, unless prohibited by bankruptcy or other applicable law, execute and deliver to the Lender or such designee, a new guaranty that shall contain the same conditions, agreements, terms, provisions and limitations as this Guaranty (except for any requirements which have been fulfilled by the Borrower and the Guarantors prior to such rejection or termination). Sincerely yours,

Appears in 2 contracts

Samples: Guaranty Agreement (Tri Valley Corp), Guaranty Agreement (Tri Valley Corp)

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New Guaranty. In the event that (ai) any Transaction Credit Document is rejected by a trustee or debtor-in-possession in any bankruptcy or insolvency proceeding involving the Borrower or the Lessee or (bii) any Transaction 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 Lender Agent or its designee shall so request and shall certify in writing to the Guarantors Guarantor that it intends to perform the Obligations obligations of the Borrower as and to the extent required under such Transaction Credit Document or this Guaranty, as applicable, the Guarantors Guarantor will, unless prohibited by bankruptcy or other applicable law, execute and deliver to the Lender Agent or such designee, concurrently with the delivery by the Lessor or such designee of a new guaranty 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 this such original Guaranty (except for any requirements which have been fulfilled by the Borrower and the Guarantors Guarantor prior to such rejection or termination). Sincerely yours,.

Appears in 1 contract

Samples: Monro Muffler Brake Inc

New Guaranty. (a) In the event that (ai) any Transaction Lease Document is rejected by a trustee or debtor-in-possession in any bankruptcy or insolvency proceeding involving the Borrower or (bii) any Transaction Lease Document or this Guaranty is terminated as a result of any bankruptcy or insolvency proceeding involving the Borrower and, if within sixty (60) 60 days after such rejection or termination, the Lender Agent or its designee shall so request and shall certify in writing to the Guarantors Lessee that it intends to perform the Obligations obligations of the Borrower as and to the extent required under such Transaction Document or this Guaranty, as applicableLease Document, the Guarantors Guarantor will, unless prohibited by bankruptcy or other applicable law, execute and deliver to the Lender Agent or such designee, designee a new guaranty that Guaranty shall contain the same conditions, agreements, terms, provisions and limitations as this such original Guaranty (except for any requirements which have been fulfilled by the Borrower and the Guarantors Guarantor prior to such rejection or termination). Sincerely yours,References in this Guaranty to such "LEASE DOCUMENT" shall be deemed also to refer to such new Lease Document.

Appears in 1 contract

Samples: Vari Lite International Inc

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New Guaranty. In the event that (ai) any Transaction Document Loan Paper is rejected by a trustee or debtor-in-possession in any bankruptcy or insolvency proceeding involving the Borrower or (bii) any Transaction Document 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 Lender Administrative Agent or its designee shall so request and shall certify in writing to the Guarantors that it intends to perform the Obligations obligations of the Borrower as and to the extent required under such Transaction Document Loan Paper or this Guaranty, as applicable, the Guarantors will, unless prohibited by bankruptcy or other applicable law, execute and deliver to the Lender Administrative Agent or such designee, a new guaranty Guaranty that shall contain the same conditions, agreements, terms, provisions and limitations as this such original Guaranty (except for any requirements which have been fulfilled by the Borrower and the Guarantors Guarantor prior to such rejection or termination). Sincerely yours,.

Appears in 1 contract

Samples: Guaranty (Monro Muffler Brake Inc)

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