Performance Undertaking. Performance Guarantor shall fail to perform or observe any term, covenant or agreement required to be performed by it under the Performance Undertaking, or the Performance Undertaking shall cease to be effective or to be the legally valid, binding and enforceable obligation of Performance Guarantor, or Performance Guarantor shall directly or indirectly contest in any manner such effectiveness, validity, binding nature or enforceability.
Appears in 6 contracts
Samples: Loan Agreement (G&k Services Inc), Loan Agreement (Us Xpress Enterprises Inc), Loan Agreement (Arvinmeritor Inc)
Performance Undertaking. The Performance Guarantor shall fail to perform or observe any term, covenant or agreement required to be performed by it under the Performance Undertaking, or the Performance Undertaking shall cease to be effective or to be the legally valid, binding and enforceable obligation of the Performance Guarantor, or the Performance Guarantor shall directly or indirectly contest in any manner such effectiveness, validity, binding nature or enforceability.
Appears in 4 contracts
Samples: Loan Agreement (Jarden Corp), Loan Agreement (Jarden Corp), Loan Agreement (Jarden Corp)