Stockholder Guarantees. The Stockholder and/or its Affiliates are guarantors with respect to certain indebtedness or otherwise provide certain forms of credit support, in each case as listed on Schedule 4.3 (the "Guaranteed Indebtedness"). Prior to the Closing, Mirant or Buyer 1 shall cause the Stockholder and its Affiliates to be replaced and released as guarantor or other applicable status with respect to all of the Guaranteed Indebtedness.
Stockholder Guarantees. Subject to consummation of the Exchange, Newpark agrees that, after the Closing Date, it will cause the Company to discharge in accordance with its terms all indebtedness of the Company as to which the Stockholders have executed personal guarantees, as disclosed in the Disclosure Letter.
Stockholder Guarantees. Parent acknowledges that certain stockholders of the Company (the “Guarantee Stockholders”) have guaranteed certain indebtedness or other obligations of the Company or have otherwise entered into certain credit support arrangements with respect to the Company (collectively, the “Stockholder Guarantees”). Parent agrees to use all commercially reasonable efforts to assist the Company in releasing the Guarantee Stockholders from the Stockholder Guarantees.
Stockholder Guarantees. Notwithstanding anything else herein, LandCARE agrees to hold harmless and to indemnify the Stockholder or her affiliates from any loss, damage, claim, liability or obligation arising after the Effective Time from any guarantee (personal or otherwise) by the Stockholder of any liability or obligation of the Company (contingent or otherwise), and agrees to cause the unconditional release of the Stockholder and her affiliates from such guarantees and all the obligations thereunder within ninety (90) days after the Effective Time.
Stockholder Guarantees. During the years ended December 31, 2009 and 2008, the company incurred or assumed $7,954,305 and $240,000, respectively, of debt to sellers in connection with certain acquisitions. Two of the seller notes payable, totaling $3,050,000, are secured by letters of credit, which are secured by certain assets of Messrs. Xxxxxxxx and Xxxxxxx.
Stockholder Guarantees. Subject to consummation of the Merger, Newpark agrees that it will cause the Company to discharge in accordance with its terms all indebtedness of the Company as to which Stockholder has executed personal guarantees, as disclosed in the Disclosure Letter.
Stockholder Guarantees. Upon receipt of any claim or demand (a ---------------------- "Guaranty Claim") for payment pursuant to a Stockholder Guarantee identified on Schedule 6.20, the ------------- Stockholder shall promptly notify the Parent of such Guaranty Claim. Parent agrees to defend, save and hold harmless such Stockholder against such Guaranty Claim.
Stockholder Guarantees. Precept and the Surviving Corporation agree to use their respective best efforts to cause the Stockholder to be removed as a guarantor or obligor of all (a) purchase money debt for equipment, (b) indebtedness for borrowed money and all contractual lease obligation, and (c) all trade credit guaranteed by the Stockholder or with respect to which he may have any liability as an obligor, and Precept and the Surviving Corporation shall indemnify, defend and hold the Stockholder harmless from any such debts, obligations and liabilities; PROVIDED, that Precept and the Surviving Corporation shall not have any obligation under this Section 5.12 with respect to any undisclosed debts, obligations or liabilities in breach of the representations of the Stockholder contained herein or which are expressly provided herein to remain the obligations of the Stockholder.
Stockholder Guarantees. Promptly following the Closing, Telular shall offer its corporate guarantee in substitution for the personal guarantee heretofore given by Dan Xxxxxxxxxx xx secure the obligations of Wireless Domain on the equipment leases identified in the Disclosure Letter as having been guaranteed by Mr. Xxxxxxxxxx. Xelular shall use reasonable commercial efforts to secure a release of Mr. Xxxxxxxxxx xxxm such guarantee in exchange therefor; provided, however, that Telular shall not be required to offer or provide a guarantee for more than $70,000 of such obligations. "Reasonable commercial efforts" shall include prepayment of such leases in the event that Telular is not otherwise able to obtain such a release within 30 days after the Closing.
Stockholder Guarantees. 18 5.7 Best Efforts....................................................18
