Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 7 contracts
Samples: Receivables Purchase Agreement (Vistra Corp.), Receivables Purchase Agreement (Vistra Corp.), Receivables Purchase Agreement (Vistra Corp.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 6 contracts
Samples: Receivables Financing Agreement (BrightView Holdings, Inc.), Receivables Financing Agreement (BrightView Holdings, Inc.), Receivables Financing Agreement (BrightView Holdings, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment Amendment, and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 4 contracts
Samples: Receivables Purchase Agreement (Mylan N.V.), Receivables Purchase Agreement (Mylan Inc.), Receivables Purchase Agreement (Mylan Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 4 contracts
Samples: Receivables Purchase Agreement (Centric Brands Inc.), Receivables Purchase Agreement (Centric Brands Inc.), Receivables Purchase Agreement and Purchase and Contribution Agreement (ENVIRI Corp)
Reaffirmation of Performance Guaranty. After giving effect By executing a counterpart to this Amendment and each of the other transactions contemplated herebyAmendment, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Guarantor hereby ratifies and affirms unconditionally reaffirms its obligations under the Performance Guaranty and acknowledges and agrees that the Performance Guaranty has continued and shall such obligations continue in full force and effect (including, without limitation, with respect to the Guaranteed Obligations, as defined in accordance with its termsthe Performance Guaranty), and the Performance Guaranty is hereby ratified and confirmed.
Appears in 4 contracts
Samples: Receivables Financing Agreement (Traeger, Inc.), Receivables Financing Agreement (Traeger, Inc.), Receivables Financing Agreement (TGPX Holdings I LLC)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment Amendment, the Related Agreements and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Vistra Corp.), Receivables Purchase Agreement (Vistra Corp.), Receivables Purchase Agreement (Vistra Energy Corp.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment, the Amendment Fee Letter and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Vistra Corp.), Receivables Purchase Agreement (Vistra Corp.), Receivables Purchase Agreement (Vistra Corp.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated herebyFee Letter, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Chemours Co), Loan and Security Agreement (Hill-Rom Holdings, Inc.), Loan and Security Agreement (Hill-Rom Holdings, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 3 contracts
Samples: Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated herebyby this Amendment, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Owens Corning), Receivables Purchase Agreement (Owens Corning)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (OUTFRONT Media Inc.), Receivables Purchase Agreement (OUTFRONT Media Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment Amendment, the Related Agreements and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Triumph hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Triumph Group Inc), Receivables Purchase Agreement (Triumph Group Inc)
Reaffirmation of Performance Guaranty. After giving effect By executing a counterpart to this Amendment and each of the other transactions contemplated herebyAmendment, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Guarantor hereby ratifies and affirms unconditionally reaffirms its obligations under the Performance Guaranty and acknowledges and agrees that the Performance Guaranty has continued and shall such obligations continue in full force and effect (including, without limitation, with respect to the Guaranteed Obligations, as defined in accordance with its terms.the Performance Guaranty), and the Performance Guaranty is hereby ratified and confirmed. 741889639 20643426
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra each Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.. 76673595721689858
Appears in 1 contract
Samples: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated herebyRelated Agreements, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Samples: Receivables Purchase Agreement (OUTFRONT Media Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect effect, and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Samples: Receivables Purchase Agreement (C. H. Robinson Worldwide, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, The Performance Guarantor hereby (i) reaffirms all of its obligations under the provisions of Performance Guaranty and (ii) acknowledges and agrees that (A) the Performance Guaranty shall remain in full force and effect and Vistra hereby ratifies and affirms (B) the Performance Guaranty is hereby ratified and acknowledges that the Performance Guaranty has continued and shall continue confirmed, in full force and each case after giving effect in accordance with its termsto this Amendment.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After Immediately after giving effect to this Amendment and each of the other transactions contemplated herebyAmendment, all of the provisions of the Performance Guaranty shall remain in full force and effect in accordance with its terms, and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Mativ Holdings, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment, the Sale Agreement Amendment and each of the other Amendment Fee Letter, and the transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Parent hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its termsterms and that INO Therapeutics shall constitute a “Covered Entity” for all purposes of the Performance Guaranty.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Parent hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Parent hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its termsterms and that Therakos, Inc. shall constitute a “Covered Entity” for all purposes of the Performance Guaranty.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Moog hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment Amendment, the Fee Letter and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.. 4875-3145-6460, v.2
Appears in 1 contract
Samples: Receivables Purchase Agreement (RPM International Inc/De/)
Reaffirmation of Performance Guaranty. After giving effect By executing a counterpart to this Amendment and each of the other transactions contemplated herebyAmendment, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Guarantor hereby ratifies and affirms unconditionally reaffirms its obligations under the Performance Guaranty and acknowledges and agrees that the Performance Guaranty has continued and shall such obligations continue in full force and effect (including, without limitation, with respect to the “Guaranteed Obligations”, as defined in accordance with its termsthe Performance Guaranty), and the Performance Guaranty is hereby ratified and confirmed.
Appears in 1 contract
Samples: Receivables Financing Agreement (Alliance Resource Partners Lp)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated herebyRelated Agreements, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Samples: Loan and Security Agreement (Hill-Rom Holdings, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Samples: Receivables Purchase Agreement (RPM International Inc/De/)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated herebyAmendment, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Exelon Generation Co LLC)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated herebyFee Letter, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.. 735915494 19618061
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Triumph hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment Amendment, the Fee Letter and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect effect, and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Samples: Receivables Purchase Agreement (C. H. Robinson Worldwide, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Moog hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.. 708456516 11208934
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.. [SIGNATURE PAGES TO FOLLOW]
Appears in 1 contract
Samples: Receivables Purchase Agreement (RPM International Inc/De/)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment, the Embee Joinder, the PSA Amendment and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Triumph hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment Amendment, the Fee Letters and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Triumph hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra each Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.. DOCVARIABLE #DNDocID \* MERGEFORMAT 748407359 21689858
Appears in 1 contract
Samples: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment, the Performance Guaranty Amendment and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Triumph hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra each Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.. 755285085 21689858
Appears in 1 contract
Samples: Receivables Financing Agreement (Aveanna Healthcare Holdings, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.. 738970613 16499153
Appears in 1 contract
Samples: Receivables Financing Agreement (PRA Health Sciences, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated hereby, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.. 4857-9855-7551, v.1
Appears in 1 contract
Samples: Receivables Purchase Agreement (RPM International Inc/De/)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment Amendment, the RSA Amendment, and each of the other transactions contemplated herebyhereby and thereby, all of the provisions of the Performance Guaranty shall remain in full force and effect effect, and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Appears in 1 contract
Samples: Receivables Purchase Agreement (C. H. Robinson Worldwide, Inc.)
Reaffirmation of Performance Guaranty. After giving effect to this Amendment and each of the other transactions contemplated herebyby this Amendment, all of the provisions of the Performance Guaranty shall remain in full force and effect and Vistra the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.. 732828440 17540157 3rd Amendment to 2nd A&R RPA
Appears in 1 contract