Replacement of Guaranty Sample Clauses

Replacement of Guaranty. Upon receipt of an affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of this Guaranty and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Guaranty, the undersigned will issue, in lieu thereof, a replacement Guaranty. This Guaranty has been executed by the Guarantor, through its duly authorized representative where required, as of the date above written. Foilmark Foreign Sales Corporation /s/ Xxxx X. Xxxxxxxxxx By: /s/ Xxxxxx Xxxxxx ------------------------------ ------------------------------------ Witness Its: Treasurer FLEET NATIONAL BANK GUARANTY This Guaranty is executed and delivered as of August 6, 1999 by the undersigned, 0000-0000 Xxxxxx, Inc., a Canadian corporation, with an address at 000 Xxxxx xx Xxxxxxx, Xxxxxxxx, Xxxxxx (the "Guarantor") to FLEET NATIONAL BANK, a national banking association organized and existing under the laws of the United States of America, having an office located at Xxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx (the "Bank").
Sample 1See All (4)
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Replacement of Guaranty. If any portion of the Development Security or the Performance Security is in the form of a guaranty, then Seller shall provide, or cause to be provided, replacement security in the form of a letter of credit (from a Qualified Issuer), or a guaranty from a Qualified Guarantor in the required amount set forth in this Section 5.3 (less any amounts previously drawn by Buyer) within ten (10) Business Days after the earlier of (i) the date on which the guarantor experiences a Downgrade Event, and (ii) the date that Seller becomes aware, or Buyer notifies Seller of, the occurrence of any one of the following events: (A) the failure of the guarantor to make a payment under the guaranty immediately following Buyer’s properly documented claim made pursuant thereto in accordance with its terms; (B) any representation or warranty made by the guarantor in connection with this Agreement or the guaranty is false or misleading in any material respect when made or when deemed made or repeated; (C) the guarantor is in Bankruptcy; (D) the guaranty fails to be in full force and effect in accordance with the terms of this Agreement before the satisfaction of all obligations of Seller under this Agreement; or (E) the guarantor repudiates, disaffirms, disclaims, or rejects, in whole or in part, or challenges the validity of, its guaranty.
Sample 1
Replacement of Guaranty. 19 Section 5.10 Governing Law..................................... 19 Section 5.11
Sample 1
Replacement of Guaranty. (a) This Guaranty may be replaced to the extent provided herein, subject to the provisions of Subsection 5.9(b), if either (A) another Person acceptable to the Lessor, each of the Banks, and if the rights, obligations, or duties of the Administrative Agent are affected thereby, the Administrative Agent, such acceptance not to be unreasonably withheld, executes a guaranty in form and substance substantially similar to this Guaranty, including any changes thereto approved by the Lessor, each of the Banks, and if the rights, obligations, or duties of the Administrative Agent are affected thereby, the Administrative Agent, (B) another Person obtains from a bank with assets of $60 billion or more and whose long-term, unsecured debt is rated A or better by S&P or A2 or better by Xxxxx'x, or any successor rating agency, a letter of credit naming the Beneficiaries as the beneficiaries thereunder, in form and substance, and in an amount, satisfactory to the Lessor, each of the Banks, and if the rights, obligations, or duties of the Administrative Agent are affected thereby, the Administrative Agent, or (C) NGC obtains from a bank whose long-term, unsecured debt is rated A or better by S&P or A2 or better by Xxxxx'x, or any successor rating agency, a letter of credit naming the Beneficiaries as the beneficiaries thereunder in form and substance, and in an amount, satisfactory to the Lessor, the Majority Banks, and if the rights, obligations, or duties of the Administrative Agent are affected thereby, the Administrative Agent. (b) Upon delivery of such other guaranty or such letter of credit, this Guaranty shall be replaced to the extent, but only to the extent, the obligations hereunder are replaced by such other guaranty or such letter of credit, and this Guaranty shall continue in full force and effect with respect to all other obligations hereunder. In addition, no replacement of any portion of this Guaranty pursuant to the provisions of Subsection 5.9(a) shall be effective to replace the obligations and liabilities of the Guarantor, or to affect the Beneficiaries' rights, powers, and remedies, under this Guaranty (i) with respect to any of the obligations hereunder that become due and payable prior to such replacement or (ii) with respect to any payment made prior to such replacement that is rescinded or must otherwise be returned after such replacement.
Sample 1
Replacement of Guaranty. Valhi Holding Company, a Delaware corporation and a parent company of Seller Guarantor, shall have been fully and unconditionally released, effective on or prior to the Closing, from any obligation or Liability under the Permit Support Obligations referenced in item (A) (1)(a), (b) and (c) of Schedule 4.03(c), including the termination and redelivery of each original guaranty.
Sample 1
Replacement of Guaranty. As further consideration to Stockholder, SNC agrees to (forthwith after consummation of the Merger) offer to the Company’s landlord to provide a SNC guaranty of the Company’s Poway real estate lease in exchange for the immediate release of the guaranty (and security therefor) which Xxxxx Xxxxxx and/or Xxxxx Xxxxxx had provided with respect to such lease.
Sample 1
Replacement of Guaranty. Upon receipt of an affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of this Guaranty and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Guaranty, the undersigned will issue, in lieu thereof, a replacement Guaranty. This Guaranty has been executed by the Guarantor, through its duly authorized representative where required, as of the date above written. Foilmark Manufacturing Corporation /s/ Xxxx X. Xxxxxxxxxx By: /s/ Xxxxxx Xxxxxx -------------------------------- --------------------------------------- Witness Its: Treasurer & Chief Financial Officer FLEET NATIONAL BANK GUARANTY
Sample 1
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Replacement of Guaranty. Upon receipt of an affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of this Guaranty and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Guaranty, the undersigned will issue, in lieu thereof, a replacement Guaranty. This Guaranty has been executed by the Guarantor, through its duly authorized representative where required, as of the date above written. 2945-5469 Quebec, Inc. /s/ Xxxx X. Xxxxxxxxxx By: /s/ Xxxxxx Xxxxxx ----------------------------- ------------------------------------------ Witness Its: Treasurer and Chief Financial Officer FLEET NATIONAL BANK GUARANTY This Guaranty is executed and delivered as of August 6, 1999 by the undersigned, Transfer Print Foils, Inc., a New Jersey corporation, with an address at 0 Xxxxxxx Xxxx, Xxxx Xxxxxxxxx, Xxx Xxxxxx (the "Guarantor") to FLEET NATIONAL BANK, a national banking association organized and existing under the laws of the United States of America, having an office located at Xxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx (the "Bank").
Sample 1
Replacement of Guaranty. The Guaranty attached to the Sixteenth Amendment as Exhibit “C” thereto is hereby replaced with the Guaranty attached to this Amendment as Exhibit “A” and incorporated herein by reference. All references in the Agreement to the Guaranty shall mean the Guaranty in the form attached to this Amendment as Exhibit “A.”
Sample 1

Related to Replacement of Guaranty

  • AMENDMENT OF GUARANTY No term or provision of this Guaranty shall be amended, modified, altered, waived or supplemented except in a writing signed by Guarantor and Counterparty.

  • Reaffirmation of Guaranty The Guarantors hereby ratify and affirm all of the terms, covenants, conditions and obligations of the Guaranty and acknowledge and agree that the term “Obligations” as used in the Guaranty shall apply to all of the Obligations of Seller to Buyer under the Repurchase Agreement, as amended hereby.

  • Termination of Guaranty The obligations of any Guarantor under this Guaranty shall automatically terminate in accordance with Section 9.14 of the Credit Agreement.

  • Confirmation of Guaranty Each of the Guarantors confirms that they have read and understand the Amendment. In order to induce the Lenders, the Administrative Agent and the other Agents to enter into the Amendment, each of the Guarantors: (i) consents to the Amendment and the transactions contemplated thereby; (ii) ratifies and confirms each of the Loan Documents to which it is a party; (iii) ratifies, agrees and confirms that it has been a Guarantor and a Loan Party at all times since it became a Guarantor and a Loan Party and from and after the date hereof, each Guarantor shall continue to be a Guarantor and a Loan Party in accordance with the terms of the Loan Documents, as the same may be amended in connection with the Amendment and the transactions contemplated thereby; and (iv) hereby ratifies and confirms its obligations under each of the Loan Documents (including all exhibits and schedules thereto), as the same may be amended in connection with the Amendment and the transactions contemplated thereby, by signing below as indicated and hereby acknowledges and agrees that nothing contained in any of such Loan Documents is intended to create, nor shall it constitute an interruption, suspension of continuity, satisfaction, discharge of prior duties, novation or termination of the indebtedness, loans, liabilities, expenses, guaranty or obligations of any of the Loan Parties under the Credit Agreement or any other such Loan Document.

  • DURATION OF GUARANTY This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all Obligations incurred, committed, or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor’s written notice of revocation must be delivered to Lender at the address of Lender listed below or such other place as Lender may designate in writing. This Guaranty may be revoked only with respect to the Obligations incurred or contracted by Borrower, or acquired or committed to by Lender after the date on which written notice of revocation is actually received by Lender. No notice of revocation hereof shall be effective as to any Obligations: (a) existing at the date of receipt of such notice; (b) incurred or contracted by Borrower, or acquired or committed to by Lender, prior to receipt of such notice; (c) now existing or hereafter created pursuant to or evidenced by the Loan Agreement or a commitment in existence prior to receipt of such notice under which Borrower is or may become obligated to Lender; or (d) renewals, extensions, consolidations, substitutions, and refinancings of the foregoing. Guarantor waives notice of revocation given by any other guarantor of the Obligations. If Guarantor is an individual, this Guaranty shall bind the estate of Guarantor as to Obligations created both before and after the death or incapacity of Guarantor, regardless of Lender’s actual notice of Guarantor’s death or incapacity. Subject to the foregoing, Guarantor’s executor or administrator or other legal representative may revoke this Guaranty in the same manner in which Guarantor might have revoked it and with the same effect. Release of any other guarantor of the Obligations, or termination or revocation of any other guaranty of the Obligations, shall not affect the liability of Guarantor under this Guaranty. Notwithstanding any provision to the contrary, it shall be an Event of Default under the Loan Agreement if Guarantor revokes, or disputes the validity of or liability under, this Guaranty or any of the Loan Documents. It is anticipated that fluctuations may occur in the aggregate amount of the Obligations covered by this Guaranty, and it is specifically acknowledged and agreed by Guarantor that reductions in the amount of the Obligations, even to zero dollars shall not constitute a termination of this Guaranty.

  • Reinstatement of Guaranty This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any holder on account of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by a holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any other guarantors, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company or any other guarantors or any part of its or their property, or otherwise, all as though such payments had not been made.

  • Ratification of Guaranty By its execution of this Addendum, CFSC ratifies and confirms its guaranty contained in Article IX of the Credit Agreement with respect to the Japan Local Currency Advances made pursuant to this Addendum which Guaranty remains in full force and effect.

  • Reaffirmation of Guaranties The Credit Parties signatory hereto hereby reaffirm their Guaranties of the Obligations, taking into account the provisions of this Amendment.

  • Term of Guaranty This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement.

  • Form of Guaranty If there are to be any Guarantors of this Lease per Paragraph 1.11, the form of the guaranty to be executed by each such Guarantor shall be in the form most recently published by the American Industrial Real Estate Association, and each such Guarantor shall have the same obligations as Lessee under this lease, including but not limited to the obligation to provide the Tenancy Statement and information required in Paragraph 16.

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