Obligation Guaranteed. For valuable consideration, receipt of which is hereby acknowledged, the undersigned, Mauer, Suri, and Hwang (hereinafter called" Guarantors") jointly and severally unconditionally guarantee to IRC (hereinafter called "Obligee") the following obligation(s) of the New Unico (as defined in Paragraph 10 of the Novation Agreement (hereinafter called "the New Unico or "Obligor"): the indebtedness of Obligor that arises under Paragraph 14 of the Novation Agreement.
Obligation Guaranteed. For valuable consideration, the undersigned Guarantor unconditionally guarantees to Design-Builder the prompt payment in full of all of the Sponsor's payment obligations under the Letter Agreement (the "Guaranteed Obligations"). In the event that Sponsor fails to satisfy its payment obligations under the Letter Agreement, then Design-Builder shall promptly notify Guarantor of such failure and, subject to Section 3 below, Guarantor shall pay to Design-Builder an amount equal to the amount Sponsor so failed to pay within 10 business days of the date of such notice. Notwithstanding the foregoing, (a) if Guarantor makes any payment to Design-Builder hereunder and Design-Builder subsequently recovers amounts from the Engineer arising out of claims made for Engineer Performance Failure, Engineer Delay Failure, or otherwise, to the extent that such amounts are not turned over to Sponsor per the Letter Agreement, Design-Builder shall promptly reimburse Guarantor for such collected amounts, (b) Design-Builder shall proceed against Sponsor and seek payment under the Letter Agreement before seeking payment from Guarantor hereunder, and (c) Design-Builder shall call on this Guaranty and the guaranty provided on the date hereof by Xxxx Xxxxxxx on a PRO RATA basis (provided, that if such other guarantor fails to make such payment, then the Guarantor shall be responsible for the shortfall up to the limits set forth in Section 3 below).
Obligation Guaranteed. We attach the form of the proposed Letter of Credit/Bank Guarantee.]
(i) the representations and warranties made in Clause 15 (Representations and Warranties) of the Facilities Agreement stipulated as being made or repeated on the date hereof and on the date of the relevant Drawing are true and accurate as if made with respect to the facts and circumstances existing on such date; and
(ii) no Event of Default or Potential Event of Default has occurred and is continuing or will occur as a result of the proposed Drawing being made. Terms defined in the Facilities Agreement shall have the same meanings when used in this Drawing Request.
1. The Additional Costs Rate is an addition to the interest rate to compensate Banks for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank.
2. On the first day of each Interest Period (or as soon as possible thereafter) the Facility Agent shall calculate, as a percentage rate, a rate (the “Additional Costs Rate”) for each Bank, in accordance with the paragraphs set out below. The Additional Costs Rate will be calculated by the Facility Agent as a weighted average of the Banks’ Additional Costs Rates (weighted in proportion to the percentage participation of each Bank in the relevant Advance and will be expressed as a percentage rate per annum).
3. The Additional Costs Rate for any Bank lending from a Lending Office in a Participating Member State will be the percentage notified by that Bank to the Facility Agent. This percentage will be certified by that Bank in its notice to the Facility Agent to be its reasonable determination of the cost (expressed as a percentage of that Bank’s participation in all Advances made from that Lending Office) of complying with the minimum reserve requirements of the European Central Bank in respect of loans made from that Lending Office.
4. The Additional Costs Rate for any Bank lending from a Lending Office in the United Kingdom will be calculated by the Facility Agent as follows:
(a) relation to a Sterling Advance: AB + C(B–D) + E x 0.01 % per annum 100 – (A+C)
(b) in relation to an Advance in any currency other than Sterling: E x 0.01 % per annum 300 Where on the day of application of the formula:
Obligation Guaranteed. For valuable consideration, the undersigned Xxxxx Xxxxxxx and Xxxx Xxxxx (hereinafter called "Guarantors") jointly and severally unconditionally guarantee to Xxxxxx Engineering Co., Inc., dba Lido Marina Village (hereinafter called "Obligee") the following obligation(s) of TravelMax International, Inc., Xxxxxxx Xxxxxxxx and Xxxx Xxxxxxx (hereinafter called "Obligors")
Obligation Guaranteed. We attach the form of the proposed Letter of Credit/Lender Guarantee. We confirm that:
(i) the representations and warranties made in Clause 15 (Representations and Warranties) of the Senior Facilities Agreement stipulated as being made or repeated on the date hereof and on the date of the relevant Drawing are true and accurate (in all material respects in the case of any representation or warranty which is not subject to a materiality restriction in accordance with its terms as provided in Clause 15 (Representations and Warranties) as if made with respect to the facts and circumstances existing on such date2; and
(ii) no Event of Default or Potential Event of Default has occurred and is continuing or will occur as a result of the proposed Drawing being made3. Terms defined in the Senior Facilities Agreement shall have the same meanings when used in this request. [Authorised Signatory] for and on behalf of [Borrower] 2 Confirmation only required as to representations under Clauses 15.1 (Incorporation), 15.2 (Power), 15.3 (Authority), 15.4 (Consents and Filings) and 15.22 (Holding Companies) in relation to any Newco during the Certain Funds Period. 3 Confirmation not required if the Drawing is a Rollover Advance. Limited confirmation as per Clause 4.3 (Certain Funds) required if Drawing subject to the certain funds requirement.
1. The Mandatory Cost is an addition to the interest rate to compensate Lenders for the cost of compliance with (a) the requirements of the Bank of England and/or the Financial Services Authority (or, in either case, any other authority which replaces all or any of its functions) or (b) the requirements of the European Central Bank.
2. On the first day of each Interest Period (or as soon as possible thereafter) the Facility Agent shall calculate, as a percentage rate, a rate (the “Additional Cost Rate”) for each Lender, in accordance with the paragraphs set out below. The Mandatory Cost will be calculated by the Facility Agent as a weighted average of the Lenders’ Additional Cost Rates (weighted in proportion to the percentage participation of each Lender in the relevant Advance) and will be expressed as a percentage rate per annum.
3. The Additional Cost Rate for any Lender lending from a Lending Office in a Participating Member State will be the percentage notified by that Lender to the Facility Agent. This percentage will be certified by that Lender in its notice to the Facility Agent to be its reasonable determination of the cost...
Obligation Guaranteed. For valuable consideration, the undersigned Guarantor jointly and severally unconditionally guarantees to Obligee the payment of any and all indebtedness of Obligor to Obligee. The word “indebtedness” is used in its most comprehensive sense and includes any and all advances, debts, obligations, and liabilities of Obligor, whenever made, incurred, or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Obligor may be liable individually or jointly with others, or whether recovery may be or become barred by any statute of limitations or otherwise become unenforceable.
Obligation Guaranteed. For valuable consideration, the undersigned (hereinafter called “Guarantor”) unconditionally guarantees to WVP Bay Tech, LLC, a California limited liability company; and its successors and assigns (hereinafter collectively called “Obligee”) the payment of all indebtedness of (hereinafter called “Obligor”) under the Office Lease entered into by and between Obligor, as Tenant and Obligee, as Landlord, dated , for the Premises commonly know as (“Indebtedness”). The word “Indebtedness” is used herein in its most comprehensive sense and includes any and all rent payments, additional rent payments, advances, debts, obligations, and liabilities of Obligor under the terms of the Lease and whether recovery may be or become barred by any statute of limitations or otherwise become unenforceable. The Guarantor unconditionally promises to pay the Indebtedness to Obligee, or order, on demand, in lawful money of the United States.
Obligation Guaranteed. For valuable consideration, the undersigned ("Guarantor") unconditionally guarantees to BASALITE CONCRETE PRODUCTS, LLC, a Nevada limited liability company, and the EDITH GREENBERG IRREVOCABLE TRUST ("Obligees") the following obligatixx xx XXXXXXX XOWER & EQUIPMENT CORPORATION, a Delaware corporation, ("Obligor"), the payment of any and all indebtedness of Obligor to Obligees. The word "indebtedness" is used in its most comprehensive sense and includes any and all advances, debts, obligations, and liabilities of Obligor or any one or more of them, whenever made, incurred, or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Obligor may be liable individually or jointly with others, or whether recovery may be or become barred by any statute of limitations or otherwise become unenforceable.
Obligation Guaranteed. We attach the form of the proposed Letter of Credit/Lender Guarantee. We confirm that:
(i) the representations and warranties made in Clause 15 (Representations and Warranties) of the Senior Facilities Agreement stipulated as being made or repeated on the date hereof and on the date of the relevant Drawing are true and accurate (in all material respects in the case of any representation or warranty which is not subject to a materiality restriction in accordance with its terms as provided in Clause 15 (Representations and Warranties) as if made with respect to the facts and circumstances existing on such date2; and
(ii) no Event of Default or Potential Event of Default has occurred and is continuing or will occur as a result of the proposed Drawing being made3. Terms defined in the Senior Facilities Agreement shall have the same meanings when used in this request. [Authorised Signatory] [Borrower]
Obligation Guaranteed
