References to Guarantor. [All references in this Guarantee to representations and warranties by, covenants of, actions and steps by, or the performance of the terms and conditions hereof by the “Guarantor” shall, as the context requires, be and shall be construed as being by the partners of [●] on behalf of and in respect of such partnership.] [Note: Insert Section 1.6, with appropriate conforming changes, for a guarantee by a general partnership; insert similar provisions, with additional conforming changes, for a guarantee by a limited partnership, trust or other unincorporated entity.]
References to Guarantor. All references in this Guarantee to representations and warranties by, covenants of, actions and steps by, or the performance of the terms and conditions hereof by a “Guarantor” that is a limited partnership shall, as the context requires, be and shall be construed as being by such Guarantor and the general partner thereof on behalf of such Guarantor.
References to Guarantor. Each reference to Guarantor herein shall be deemed to include the legal representatives, heirs, and agents of the Guarantor and their respective successors and assigns.
References to Guarantor. Each reference to Guarantor herein shall be deemed to include the legal representatives, heirs, officers, employees and agents of the Guarantor and their respective successors and assigns.
References to Guarantor. All references to "Guarantor" in this Agreement shall mean each and all Guarantors (whether Guarantor is a natural person or a legal entity, and regardless of the use of the word "it" or similar term to refer to Guarantor), except where the context otherwise requires. Each promise, agreement, representation, warranty and covenant made by Guarantor herein is made and given by each Guarantor, jointly and severally, and all rights of Guarantor hereunder are enjoyed with respect to each Guarantor, except as expressly set forth herein.
References to Guarantor. Any references in the Loan Documents and Unsecured Indemnity Agreement to Guarantor, Liable Parties, or other similar terms meaning to describe the Original Guarantor under the terms of the Loan Documents and Unsecured Indemnity Agreement shall hereafter be deemed references to the New Guarantor, as defined by this Assumption Agreement.
References to Guarantor. The term "Guarantor" as used herein shall, if this instrument is signed by more than one party, mean the "Guarantor and each of them" and each and every undertaking shall be their joint and several undertaking; provided, however, that in the subparagraph hereof designed "Waiver of Rights" the term "Guarantor" shall mean the "Guarantor or any of them." If any party hereto shall be a partnership or limited liability company, the agreements and obligations on the part of such party herein contained shall remain in force and applicable notwithstanding any changes in the individuals composing the partnership or limited liability company, and the terms "Guarantor" and "Borrower" shall include any altered or successive partnerships or limited liability companies, but predecessor partnerships or limited liability companies and their partners or members shall not thereby be released from any obligation or liability. Each reference to Guarantor and any pronouns referring thereto as used herein shall be construed in the masculine, feminine, neuter, singular, or plural as the context may require and shall be deemed to include the heirs, executors, administrators, legal representatives, successors and assigns of Guarantor, all of whom shall be bound by the provisions hereof.
References to Guarantor. [All references in this Guarantee to representations and warranties by, covenants of, actions and steps by, or the performance of the terms and conditions hereof by the “Guarantor” shall, as the context requires, be and shall be construed as being by the partners of [•] on behalf of and in respect of such partnership.] [Note: Insert Section 9.20, with appropriate conforming changes, for a guarantee by a general partnership; insert similar provisions, with additional conforming changes, for a guarantee by a limited partnership, trust or other unincorporated entity.]
A. Bellatrix Exploration Ltd. [(the “Debtor”)], as borrower, National Bank of Canada (“National Bank”), and those other financial institutions which are or hereafter become lenders thereunder (the “Lenders”) and National Bank, as agent for the Lenders, Swap Lenders and the Cash Manager (in such capacity, together with its successors and assigns in such capacity, the “Agent”) are parties to a credit agreement dated the date hereof (such credit agreement, as it may be further amended, supplemented or otherwise modified or restated from time to time, the “Credit Agreement”).
B. [[●] (the “Debtor”)] OR [The Debtor] has, or may, enter into with, and incur indebtedness to: (a) a Swap Lender pursuant to the terms of any Hedge Agreements to which it is a party (collectively, the “Swap Documents”); and (b) the Cash Manager pursuant to the terms of the Cash Management Documents.
C. [The Debtor has granted a guarantee dated as of [●] (the “Guarantee”) in favour of the Agent and the Bellatrix Lenders (as defined below) wherein, inter alia, the Debtor has guaranteed the Obligations.]
D. To secure the payment and performance of the Principal Sum (as hereinafter defined), the Debtor has agreed to grant to the Agent, for its own benefit and on behalf of the Lenders, the Swap Lenders and the Cash Manager (collectively with the Agent, the “Bellatrix Lenders”) a security interest over the Collateral (as hereinafter defined) in accordance with the terms of this demand debenture (the “Debenture”).
E. The Bellatrix Lenders have agreed to share the Security, including, without limitation, this Debenture, in accordance with Sections 6.3, 7.2 and 11.3 of the Credit Agreement.
F. Capitalized words and phrases used but not otherwise defined in this Debenture will have the meanings set out in the Credit Agreement. The term “Obligations” as used herein [means all present and future obligations, liabilities and indebtedness ...
References to Guarantor. All references in this Guarantee to representations and warranties by, covenants of, actions and steps by, or the performance of the terms and conditions hereof by the “Guarantor” shall, as the context requires, be and shall be construed as being by the trustee of Baytex Energy Trust on behalf of and in respect of such trust.
References to Guarantor. [All references in this Guarantee to representations and warranties by, covenants of, actions and steps by, or the performance of the terms and conditions hereof by the “Guarantor” shall, as the context requires, be and shall be construed as being by the partners of [•] on behalf of and in respect of such partnership.] [Note: Insert Section 9.20, with appropriate conforming changes, for a guarantee by a general partnership; insert similar provisions, with additional conforming changes, for a guarantee by a limited partnership, trust or other unincorporated entity.] THIS NOTE IS BEING ISSUED WITH ORIGINAL ISSUE DISCOUNT FOR UNITED STATES FEDERAL INCOME TAX PURPOSES. FOR INFORMATION REGARDING THE ISSUE PRICE, THE TOTAL AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE, AND THE YIELD TO MATURITY OF THE NOTE, PLEASE CONTACT [name or title at Issuer], [address or telephone number]. THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. NEITHER THIS NOTE NOR ANY INTEREST HEREIN MAY BE OFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, REGISTRATION. BELLATRIX EXPLORATION, LTD