RELEASE FROM GUARANTEES. HDS shall use its best efforts to have the ----------------------- STOCKHOLDERS released from any and all guarantees of any obligations of the COMPANY that they personally guaranteed for the benefit of the COMPANY with all such guarantees of indebtedness being assumed by HDS. HDS agrees to indemnify the STOCKHOLDERS against any and all claims made by lenders under any such guarantee which arise as a result of HDS's failure to cause such guarantee to be released on or prior to the Closing.
Appears in 3 contracts
Samples: Merger Agreement (Hospitality Design & Supply Inc), Agreement and Plan of Reorganization (Hospitality Design & Supply Inc), Merger Agreement (Hospitality Design & Supply Inc)
RELEASE FROM GUARANTEES. HDS shall use its best efforts to have the ----------------------- STOCKHOLDERS released from any and all guarantees of any obligations of the COMPANY that they personally guaranteed for the benefit of the COMPANY ("STOCKHOLDER Guarantees") with all such guarantees of indebtedness being assumed by HDS. HDS agrees to indemnify the STOCKHOLDERS against any and all claims made by lenders under any such guarantee which arise as a result of HDS's failure to cause such guarantee to be released on or prior to the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Hospitality Design & Supply Inc)
RELEASE FROM GUARANTEES. HDS shall use its best efforts to have the ----------------------- STOCKHOLDERS released from any and all guarantees of any obligations of the COMPANY that they personally guaranteed for the benefit of the COMPANY (including the COMPANY's Subsidiaries), with all such guarantees of indebtedness being assumed by HDS. HDS agrees to shall indemnify the STOCKHOLDERS against any and all claims made by lenders under any such guarantee guarantees which arise as a result of HDS's ' failure to cause such guarantee to be released on or prior to before the Closing.
Appears in 1 contract