Common use of Payment by Guarantors Clause in Contracts

Payment by Guarantors. Each Guarantor agrees, in furtherance of the foregoing and not in limitation of any other right which any Agent or any Lender may have at law or in equity against any Credit Party by virtue hereof, that upon the failure of Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), each Guarantor will upon demand pay, or cause to be paid, in cash, to Agent for the ratable benefit of Lenders, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for Borrower becoming the subject of a case under the Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against a Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Agent and Lenders as aforesaid.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Silverstar Holdings LTD)

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Payment by Guarantors. Each Guarantor agreesSubject to Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Agent or any Lender Beneficiary may have at law or in equity against any Credit Party Guarantor by virtue hereof, that upon the failure of Borrower Issuer to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), each Guarantor Guarantors will upon demand pay, or cause to be paid, in cash, to Collateral Agent for the ratable benefit of Lendersthe Investor, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for Borrower Issuer’s becoming the subject of a case under the Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against a Borrower Issuer for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Agent and Lenders Investor as aforesaid.

Appears in 1 contract

Samples: Senior Secured Note Purchase Agreement (Golden Arrow Merger Corp.)

Payment by Guarantors. Each Guarantor agreesSubject to Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Agent or any Lender Beneficiary may have at law or in equity against any Credit Party Guarantor by virtue hereof, that upon the failure of Borrower Issuer to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), each Guarantor Guarantors will upon demand pay, or cause to be paid, in cashCash, to Collateral Agent for the ratable benefit of Lenderseach Investor, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for Borrower Issuer’s becoming the subject of a case under the Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against a Borrower Issuer for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Agent and Lenders Investors as aforesaid.

Appears in 1 contract

Samples: Loan and Security Agreement (Outbrain Inc.)

Payment by Guarantors. Each Guarantor agreesGuarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Agent or any Lender Xxxxxxx Xxxxx may have at law or in equity against any Credit Party Guarantor by virtue hereof, that upon the failure of Borrower XXXX to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), each Guarantor Guarantors will upon demand pay, or cause to be paid, in cashCash, to Agent for the ratable benefit of Lenders, Xxxxxxx Xxxxx an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for Borrower XXXX’x becoming the subject of a case under the Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against a Borrower XXXX for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Agent and Lenders Xxxxxxx Sachs as aforesaid.

Appears in 1 contract

Samples: Reimbursement and Guaranty Agreement (Delek US Holdings, Inc.)

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Payment by Guarantors. Each Guarantor agreesGuarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Agent or any Lender Beneficiary may have at law or in equity against any Credit Party Guarantor by virtue hereof, that upon the failure of Parent Borrower to pay any of the Guaranteed Obligations when and as the same shall such become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), each Guarantor Guarantors will upon demand pay, or cause to be paid, in cashCash, to Administrative Agent for the ratable benefit of LendersBeneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for Borrower any Credit Party becoming the subject of a case under the Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against a Borrower such Credit Party for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Agent and Lenders Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

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