Common use of Suits Clause in Contracts

Suits. Each Guarantor from time to time shall pay to the Agent for the benefit of the Lenders, on demand, at the Agent's place of business set forth in the Credit Agreement, the Guarantor's Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Agent on behalf of the Lenders may proceed to suit against any one or more or all of the Guarantors and/or any other guarantor of the Borrower's Liabilities. At the Agent's election, one or more and successive or concurrent suits may be brought hereon by the Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other guarantor of the Borrower's Liabilities, or any other Person and whether or not the Agent or any Lender has taken or failed to take any other action to collect all or any portion of the Borrower's Liabilities.

Appears in 3 contracts

Samples: Credit Agreement (Saks Inc), Credit Facilities and Reimbursement Agreement (Proffitts Inc), Credit Agreement (Saks Inc)

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Suits. Each Guarantor from time to time shall pay to the Agent for the benefit of itself and the Lenders, on demand, at the Agent's place of business set forth in the Credit Agreement, the Guarantor's Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Agent on behalf or any Lender or any of the Lenders them may proceed to suit against any one or more or all of the Guarantors and/or any other guarantor of the Borrower's LiabilitiesGuarantors. At the Agent's election, one or more and successive or concurrent suits may be brought hereon by the Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other guarantor of the Borrower's Liabilities, or any other Person and whether or not the Agent or any Lender has taken or failed to take any other action to collect all or any portion of the Borrower's Liabilities.

Appears in 3 contracts

Samples: Credit Agreement (Wackenhut Corrections Corp), Credit Agreement (Wackenhut Corrections Corp), Guaranty and Suretyship Agreement (Wackenhut Corrections Corp)

Suits. Each Guarantor from time to time shall pay to the Agent for the benefit of the Lenders, on demand, at the Agent's place of business set forth in the Credit Agreement, the Guarantor's Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Agent on behalf of or the Lenders or any of them may proceed to suit against such Guarantor or exercise any one or more or all of the Guarantors and/or remedy available under any other guarantor of the Borrower's LiabilitiesLoan Document or at law or equity. At the Agent's election, one or more and successive or concurrent suits may be brought hereon by the Agent against any one or more or all of the GuarantorsGuarantor, whether or not suit has been commenced against the Borrower, any other Guarantor or any other guarantor of the Borrower's Liabilities, or any other Person and whether or not the Agent or any Lender has taken or failed to take any other action to collect all or any portion of the Borrower's Liabilities.

Appears in 1 contract

Samples: Credit Agreement (Windmere Durable Holdings Inc)

Suits. Each Guarantor from time to time shall pay to the Agent for the benefit of the Lenders, on demand, at the Agent's place of business set forth in the Credit Agreement, the Guarantor's Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Agent on behalf of or the Lenders or any of them may proceed to suit against any one or more or all of the Guarantors and/or any other guarantor of the Borrower's LiabilitiesGuarantors. At the Agent's election, one or more and successive or concurrent suits may be brought hereon by the Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other Guarantor, any other guarantor of the Borrower's Liabilities, or any other Person and whether or not the Agent or any Lender has taken or failed to take any other action to collect all or any portion of the BorrowertheBorrower's Liabilities.

Appears in 1 contract

Samples: Credit Agreement (Data General Corp)

Suits. Each Guarantor from time to time shall pay to the Agent Trustee for the benefit of the LendersGuaranty Parties, on demand, at the Agent's place of business as set forth in the Credit AgreementNote Indenture, the Guarantor's Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Agent on behalf Trustee or the Holders or any of the Lenders them may proceed to suit against any one or more or all of the Guarantors and/or any other guarantor of the Borrower's LiabilitiesGuarantors. At the Agent's Holders' election, one or more and successive or concurrent suits may be brought hereon by the Agent Trustee or Holders against any one or more or all of the Guarantors, whether or not suit has been commenced against the BorrowerCompany, any other guarantor of the BorrowerCompany's Liabilities, or any other Person and whether or not the Agent Trustee or any Lender Holder has taken or failed to take any other action to collect all or any portion of the BorrowerCompany's Liabilities.

Appears in 1 contract

Samples: Guaranty Agreement (Headway Corporate Resources Inc)

Suits. Each Guarantor from time to time shall pay to the Agent for the benefit of the LendersSecured Parties, on demand, at the Agent's place of business set forth in the Credit Agreement, the Guarantor's Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Agent on behalf of or the Lenders or any of them may proceed to suit against any one or more or all of the Guarantors and/or any other guarantor of the Borrower's LiabilitiesGuarantors. At the Agent's election, one or more and successive or concurrent suits may be brought hereon by the Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other guarantor of the Borrower's Liabilities, or any other Person and whether or not the Agent or any Lender has taken or failed to take any other action to collect all or any portion of the Borrower's Liabilities.

Appears in 1 contract

Samples: Guaranty Agreement (Headway Corporate Resources Inc)

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Suits. Each Guarantor from time to time shall pay to the Agent ----- for the benefit of the Lenders, on demand, at the Agent's place of business set forth in the Credit AgreementAgreement or such other address as the Agent shall give notice of to the Guarantor, the Guarantor's Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Agent on behalf of or the Lenders or any of them may proceed to suit against any one or more or all of the Guarantors and/or any other guarantor of the Borrower's LiabilitiesGuarantors. At the Agent's election, one or more and successive or concurrent suits may be brought hereon by the Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other guarantor of the Borrower's Liabilities, or any other Person and whether or not the Agent or any Lender has taken or failed to take any other action to collect all or any portion of the Borrower's Liabilities.

Appears in 1 contract

Samples: Credit Agreement (Walter Industries Inc /New/)

Suits. Each Guarantor from time to time shall pay to the Agent for the benefit of the Lenders, on demand, at the Agent's place of business set forth in the Credit AgreementAgreement or such other address as the Agent shall give notice of to the Guarantor, the Guarantor's Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Agent on behalf of or the Lenders or any of them may proceed to suit against any one or more or all of the Guarantors and/or any other guarantor of the Borrower's LiabilitiesGuarantors. At the Agent's election, one or more and successive or concurrent suits may be brought hereon by the Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other guarantor of the Borrower's Liabilities, or any other Person and whether or not the Agent or any Lender has taken or failed to take any other action to collect all or any portion of the Borrower's Liabilities.

Appears in 1 contract

Samples: Credit Agreement (Walter Industries Inc /New/)

Suits. Each Guarantor from time to time shall pay to the Agent for the benefit of the Lenders, on demand, at the Agent's place Lenders' principal office or such other address as the Lenders shall give notice of business set forth in to the Credit AgreementGuarantor, the Guarantor's Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Agent on behalf Lenders or any of the Lenders them may proceed to suit against any one or more or all of the Guarantors and/or any other guarantor of the Borrower's LiabilitiesGuarantors. At the Agent's electionelection of the Lenders, one or more and successive or concurrent suits may be brought hereon by the Agent Lenders against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other guarantor of the Borrower's Liabilities, or any other Person and whether or not the Agent or any Lender has taken or failed to take any other action to collect all or any portion of the Borrower's Liabilities.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Us Lec Corp)

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