Obligations Guarantied. For consideration, the adequacy, sufficiency and receipt of which is hereby acknowledged, the undersigned (collectively, "Guarantors" and individually each or any "Guarantor") unconditionally, jointly and severally guarantee and promise to pay to UNION BANK OF CALIFORNIA, N.A. ("Bank") on demand, in lawful United States money, subject to the limitations set forth in Section 19, below, all principal, interest, reasonable attorneys' fees, expenses and other sums due or which become due pursuant to any or all of the following: (a) that certain Reimbursement Agreement of even date herewith (as from time to time amended the "Reimbursement Agreement") by and between West Valley MRF, LLC, a California limited liability company, ("Borrower") and Bank, pursuant to which Bank has issued or will issue its Letter of Credit to support payment of those certain bonds in the aggregate principal amount not to exceed $8,500,000 of the Variable Rate Demand Solid Waste Disposal Revenue Bonds (West Valley MRF, LLC Project), Series 2000 (the "Bonds") being issued by the California Pollution Control Financing Authority to assist the Borrower in financing a part of the cost of the development, acquisition and construction of the Project (as defined in the Reimbursement Agreement); (b) any Borrower Agreement (as defined in the Reimbursement Agreement), including, without limitation, any deeds of trust or security agreements securing the Reimbursement Agreement; and (c) all extensions, renewals and modifications of any of the foregoing (individually and collectively, the "Obligations"), whether due or not due, absolute or contingent, liquidated or unliquidated, legal or equitable, whether Borrower is liable individually or jointly or with others, whether incurred before, during or after any bankruptcy, reorganization, insolvency, receivership or similar proceeding ("Insolvency Proceeding"), and whether recovery thereof is or becomes barred by a statute of limitations or is or becomes otherwise unenforceable, together with all expenses of, for and incidental to collection, including reasonable attorneys' fees. This Guaranty is in addition to any other guaranties of the Obligations. The maximum amount payable by Guarantors to Bank hereunder shall be limited to the maximum amount specified in Section 19, below. Capitalized terms used herein without definition shall have the respective meanings ascribed thereto in the Reimbursement Agreement.
Appears in 1 contract
Samples: Guaranty and Mandatory Deposit Agreement (Kaiser Ventures Inc)
Obligations Guarantied. For consideration, the adequacy, sufficiency and receipt of which is hereby acknowledged, the undersigned (collectively, "Guarantors" and individually each or any "Guarantor") unconditionally, jointly and severally guarantee and promise to pay to UNION BANK OF CALIFORNIA, N.A. ("Bank") on demand, in lawful United States money, subject to the limitations set forth in Section 19, below, all principal, interest, reasonable attorneys' fees, expenses and other sums due or which become due pursuant to any or all of the following: (a) that certain Reimbursement Loan Agreement of even date herewith (as from time to time amended the "Reimbursement Loan Agreement") by and between West Valley MRF, LLC, a California limited liability company, ("Borrower") and Bank, pursuant to which Bank has issued or will issue its Letter of Credit agreed to support payment of those certain bonds make revolving loans in the aggregate principal amount not to exceed $8,500,000 of the Variable Rate Demand Solid Waste Disposal Revenue Bonds (West Valley MRF, LLC Project), Series 2000 (the "Bonds") being issued by the California Pollution Control Financing Authority 2,000,000 to assist the Borrower in financing a part of the cost of the development, acquisition and construction of the Project (as defined in the Reimbursement Agreement)equipment acquisition; (b) any Borrower Agreement (as defined in the Reimbursement Loan Agreement), including, without limitation, any deeds of trust or security agreements securing the Reimbursement Loan Agreement; and (c) all extensions, renewals and modifications of any of the foregoing (individually and collectively, the "Obligations"), whether due or not due, absolute or contingent, liquidated or unliquidated, legal or equitable, whether Borrower is liable individually or jointly or with others, whether incurred before, during or after any bankruptcy, reorganization, insolvency, receivership or similar proceeding ("Insolvency Proceeding"), and whether recovery thereof is or becomes barred by a statute of limitations or is or becomes otherwise unenforceable, together with all expenses of, for and incidental to collection, including reasonable attorneys' fees. This Guaranty is in addition to any other guaranties of the Obligations. The maximum amount payable by Guarantors to Bank hereunder shall be limited to the maximum amount specified in Section 19, below. Capitalized terms used herein without definition shall have the respective meanings ascribed thereto in the Reimbursement Loan Agreement.
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Samples: Loan Guaranty (Kaiser Ventures Inc)
Obligations Guarantied. For consideration, the adequacy, adequacy and sufficiency and receipt of which is hereby acknowledged, the undersigned [ENVIROPLEX, INC. / MOBILE MODULAR MANAGEMENT CORPORATION], a California corporation (collectively“Guarantor”), "Guarantors" hereby unconditionally guaranties and individually each or any "Guarantor"promises: (a) unconditionally, jointly and severally guarantee and promise to pay to UNION BANK OF CALIFORNIA, N.A. N.A., as agent ("Bank"“Agent”), for the ratable benefit of the lending banks under the Credit Agreement hereinafter defined (“Banks”) on demand, in lawful United States money, subject all Obligations to Agent and Banks of XxXXXXX RENTCORP, a California corporation (“Borrower”); and (b) to perform all undertakings of Borrower in connection with the Obligations. “Obligations” is used herein in its most comprehensive sense and includes any and all debts, liabilities, rental obligations, and other obligations and liabilities of every kind of Borrower to Agent and to the limitations set forth in Section 19, below, all principal, interest, reasonable attorneys' fees, expenses and other sums due or which become due pursuant to any or all of the following: (a) that certain Reimbursement Agreement of even date herewith (as Banks signatory from time to time amended to that certain Third Amended and Restated Credit Agreement dated as of May 7, 2004 (the "Reimbursement “Credit Agreement") ,” the terms defined therein and not otherwise defined herein being used herein as therein defined), by and between West Valley MRFamong Borrower, LLCAgent and such Banks, a California limited liability companywhether made, ("Borrower") and Bankincurred or created previously, pursuant to which Bank has issued concurrently or will issue its Letter of Credit to support payment of those certain bonds in the aggregate principal amount not to exceed $8,500,000 of the Variable Rate Demand Solid Waste Disposal Revenue Bonds (West Valley MRFfuture, LLC Project)whether voluntary or involuntary and however arising, Series 2000 (the "Bonds") being issued whether incurred directly or acquired by the California Pollution Control Financing Authority to assist the Borrower in financing a part of the cost of the development, acquisition and construction of the Project (as defined in the Reimbursement Agreement); (b) any Borrower Agreement (as defined in the Reimbursement Agreement), including, without limitation, any deeds of trust Banks by assignment or security agreements securing the Reimbursement Agreement; and (c) all extensions, renewals and modifications of any of the foregoing (individually and collectively, the "Obligations")succession, whether due or not due, absolute or contingent, liquidated or unliquidated, legal or equitable, whether Borrower is liable individually or jointly or with others, whether incurred before, during or after any bankruptcy, reorganization, insolvency, receivership or similar proceeding ("“Insolvency Proceeding"”), and whether recovery thereof is or becomes barred by a statute of limitations or is or becomes otherwise unenforceable, together with all expenses of, for and incidental to collection, including reasonable attorneys' ’ fees. This Guaranty Guarantor is in addition a subsidiary of Borrower and will derive substantial direct and indirect economic benefit if Agent and Banks enter into the Credit Agreement, and Banks and Agent are willing to any other guaranties of do so, but only upon the Obligations. The maximum amount payable by Guarantors to Bank hereunder shall be limited to the maximum amount specified in Section 19condition, below. Capitalized terms used herein without definition among others, that Guarantor shall have the respective meanings ascribed thereto in the Reimbursement Agreementexecuted and delivered this Guaranty.
Appears in 1 contract
Obligations Guarantied. For consideration, the adequacy, sufficiency and receipt of which is hereby acknowledged, the undersigned (collectively, "Guarantors" and individually each or any "Guarantor") unconditionally, jointly and severally guarantee and promise to pay to UNION BANK OF CALIFORNIA, N.A. ("Bank") on demand, in lawful United States money, subject to the limitations set forth in Section 19, below, all principal, interest, reasonable attorneys' fees, expenses and other sums due or which become due pursuant to any or all of the following: (a) that certain Reimbursement Agreement of even date herewith (as from time to time amended the "Reimbursement Agreement") by and between West Valley MRF, LLC, a California limited liability company, ("Borrower") and Bank, pursuant to which Bank has issued or will issue its Letter of Credit to support payment of those certain bonds in the aggregate principal amount not to exceed $8,500,000 9,500,000 of the Variable Rate Demand Solid Waste Disposal Revenue Bonds (West Valley MRF, LLC Projectproject), Series 2000 series 0000X (the xxx "BondsXxxxx") being issued by the California Pollution Control Financing Authority to assist the Borrower in financing a part of the cost of the development, acquisition construction and construction equipping of the Project (as defined in the Reimbursement Agreement); (b) any Borrower Agreement (as defined in the Reimbursement Agreement), including, without limitation, any deeds of trust or security agreements securing the Reimbursement Agreement; and (c) all extensions, renewals and modifications of any of the foregoing (individually and collectively, the "Obligations"), whether due or not due, absolute or contingent, liquidated or unliquidated, legal or equitable, whether Borrower is liable individually or jointly or with others, whether incurred before, during or after any bankruptcy, reorganization, insolvency, receivership or similar proceeding ("Insolvency Proceeding"), and whether recovery thereof is or becomes barred by a statute of limitations or is or becomes otherwise unenforceable, together with all expenses of, for and incidental to collection, including reasonable attorneys' fees. This Guaranty is in addition to any other guaranties of the Obligations. The maximum amount payable by Guarantors to Bank hereunder shall be limited to the maximum amount specified in Section 19, below. Capitalized terms used herein without definition shall have the respective meanings ascribed thereto in the Reimbursement Agreement.
Appears in 1 contract
Samples: Guaranty and Mandatory DSR Deposit Agreement (Kaiser Ventures Inc)