Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Ruby Tuesday Inc), Revolving Credit and Term Loan Agreement (Ruby Tuesday Inc)
Pursuant to Section. 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into this the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 2 contracts
Samples: Indemnification & Liability (Marketing Services Inc), Indemnity, Subrogation and Contribution Agreement (American Media Operations Inc)
Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp)
Pursuant to Section. 5.10 5.11 of the Credit Agreement, each Domestic Subsidiary Loan Party (other than any inactive Subsidiary) of NWS that was not in existence or not such a Subsidiary on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan Party(or upon ceasing to be an Inactive Subsidiary). Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.. 267
Appears in 1 contract
Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guaranty Agreement as a Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.. (signatures on following pages)
Appears in 1 contract
Pursuant to Section. 5.10 of the Credit Agreement, each Material Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Material Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Material Subsidiary Loan Party of an instrument in the form of Annex 1, such Material Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.
Appears in 1 contract
Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Patriot Transportation Holding Inc)
Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date 5.12 of the Credit Agreement each Subsidiary that is a Loan Party that is formed or acquired after the Effective Date is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partyexecute the Indemnity, Subrogation and Contribution Agreement. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Samples: Superpriority Debtor in Possession Credit Agreement (Great Atlantic & Pacific Tea Co Inc)
Pursuant to Section. 5.10 5.11 of the Credit Agreement, each Domestic Subsidiary Loan Party (other than any Inactive Subsidiary) of the Borrower that was not in existence or not such a Subsidiary on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan Party(or upon ceasing to be an Inactive Subsidiary). Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.. 140 5
Appears in 1 contract
Samples: Credit Agreement (Fairchild Semiconductor International Inc)
Pursuant to Section. 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Pursuant to Section. 5.10 5.12 of the Credit Agreement, each Domestic Subsidiary Loan Party of the Borrower (other than any Inactive Subsidiary) that was not in existence or not such a Subsidiary on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan Party(or ceasing to be an Inactive Subsidiary). Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Samples: Indemnification & Liability (Interactive Media Corp)
Pursuant to Section. 5.10 5.12 of the Credit Agreement, each Borrower Subsidiary Loan Party that was not in existence or not such a Borrower Subsidiary on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Borrower Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Borrower Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Borrower Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Hechinger Co)
Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower (other than a Restricted Subsidiary) that was not in existence on the date of the Credit Agreement is required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.
Appears in 1 contract
Pursuant to Section. 5.10 of the Credit Master Agreement, each Subsidiary Loan Party Guarantor of the Lessee that was not in existence or not such a Subsidiary Guarantor on the date of the Credit Master Agreement is required to enter into this the Subsidiary Guaranty Agreement as a Guarantor upon becoming such a Subsidiary Loan PartyGuarantor. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Samples: Master Agreement (Ruby Tuesday Inc)
Pursuant to Section. 5.10 6.9 of the Credit Loan Facility Agreement, each Subsidiary Loan Party of the Sponsor that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Loan Facility Agreement is required to enter into this the Guaranty Agreement as a Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent Servicer and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent Lender and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Patriot Transportation Holding Inc)
Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Pursuant to Section. 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Pursuant to Section. 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Pursuant to Section. 5.10 5.11 of the Credit Agreement, each Domestic Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Samples: Indemnification & Liability (Hudson Respiratory Care Inc)
Pursuant to Section. 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an the instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Samples: Indemnification & Liability (Huntsman Packaging Corp)
Pursuant to Section. 5.10 5.09 of the --------------------- Credit Agreement, each Subsidiary Loan Party (other than a Foreign Subsidiary) of the Borrower that was not in existence or not such a Subsidiary on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Samples: Indemnity, Subrogation and Contribution Agreement (Qhe Partnership)
Pursuant to Section. 5.10 5.12 of the Credit Agreement, the Borrower is required to cause each Subsidiary Loan Party that was not in existence or not such a Subsidiary on the date of the Credit Agreement is required to enter into this the Subsidiary Guarantee Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary that is a Subsidiary Loan Party. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.
Appears in 1 contract
Samples: Indemnity, Subrogation and Contribution Agreement (Donjoy LLC)