SUPPLEMENT TO GUARANTY. Reference is hereby made to the Second Amended and Restated Guaranty (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Guaranty”), dated as of March 29, 2019, made by the Persons listed on the signature pages thereto (each an “Initial Guarantor”, and together with any additional Persons which become parties to the Guaranty by executing Guaranty Supplements thereto substantially similar in form and substance hereto, the “Guarantors”), in favor of the Administrative Agent, for the ratable benefit of the Lenders, under the Credit Agreement. Each capitalized term used herein and not defined herein shall have the meaning given to it in the Guaranty. By its execution below, the undersigned, [NAME OF NEW GUARANTOR], a [________________] [corporation] [partnership] [limited liability company] (the “New Guarantor”), unconditionally agrees to become, and does hereby become, a Guarantor under the Guaranty and a party to the California Judicial Reference Agreement, and agrees to be bound by all the terms, conditions, obligations, liabilities and undertakings of each Guarantor or to which each Guarantor is subject under such Guaranty and the California Judicial Reference Agreement as if originally a party thereto, all with the same force and effect as if the undersigned were an original signatory to the Guaranty and the California Judicial Reference Agreement. By its execution below, the undersigned represents and warrants as to itself that all of the representations and warranties contained in Section 1 of the Guaranty are true and correct in all respects as of the date hereof. The undersigned hereby acknowledges and affirms as of the date hereof with respect to itself, its properties and its affairs each of the waivers, representations, warranties, acknowledgements and certifications applicable to any Guarantor contained in the Guaranty.
SUPPLEMENT TO GUARANTY. THIS SUPPLEMENT TO GUARANTY (this "Supplement") dated as of ____________, made by ____________________________, a ___________ (the "Additional Guarantor"), in favor of the Administrative Agent, for the ratable benefit of the Lenders, under the Credit Agreement referred to below.
SUPPLEMENT TO GUARANTY. The undersigned hereby agrees to be bound as a Guarantor under the Guaranty, dated as of [______________] (the “Guaranty”), among certain Domestic Subsidiaries of [______________]3 listed on the signature pages thereof and acknowledged by Citibank, N.A., as Administrative Agent, with the same force and effect as if the undersigned was an original signatory thereto (but effective as of the date hereof) and the undersigned hereby acknowledges receipt of a copy of the Guaranty. The undersigned hereby represents and warrants that each of the representations and warranties contained in Section 16 (Representations and Warranties) of the Guaranty applicable to it is true and correct with respect to it on and as the date hereof as if made on and as of such date. Capitalized terms used herein but not defined herein are used with the meanings given them in the Guaranty. In witness whereof, the undersigned has caused this Guaranty Supplement to be duly executed and delivered as of _________ __, ____. [Name of Guarantor] By: Name: Title: 3 Insert legal name of the New Parent Acknowledged and Agreed as of the date first above written: CITIBANK, N.A., as Administrative Agent By: ________________________________ Name: Title: EXHIBIT I FORM OF REVOLVING NOTE REVOLVING NOTE U.S. $[ ] Dated: [ ] FOR VALUE RECEIVED, the undersigned, HARSCO CORPORATION, a Delaware corporation (the “Borrower”), HEREBY PROMISES TO PAY to the order of [ ] (the “Lender”) for the account of its applicable lending office the aggregate principal amount of U.S. $[ ] (or, to the extent of any Revolving Loans (as defined below) denominated in an Alternate Currency, the aggregate principal amount thereof in such currency) or, if less, the aggregate principal amount of the Revolving Loans (as defined below) owing to the Lender by the Borrower pursuant to the Credit Agreement (as defined below) on the Termination Date. The principal of each Revolving Loan evidenced hereby shall be payable on the last day of the Interest Period relating thereto, as provided in the Credit Agreement referred to below. The Borrower promises to pay interest on the unpaid principal amount of each Revolving Loan from the date of such Revolving Loan until such principal amount is paid in full, at such interest rates, and payable at such times, and in the currency or currencies, as are specified in the Credit Agreement. Both principal and interest are payable to Citibank, N.A. (“Citibank”), as Administrative Agent, or any successo...
SUPPLEMENT TO GUARANTY. Reference is hereby made to the Guaranty (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Guaranty”), dated as of December 13, 2013, made by the Persons listed on the signature pages thereto (each an “Initial Guarantor”, and together with any additional Persons which become parties to the Guaranty by executing Guaranty Supplements thereto substantially similar in form and substance hereto, the “Guarantors”), in favor of the Designated Agent, for the ratable benefit of the Lenders, under the Credit Agreement. Each capitalized term used herein and not defined herein shall have the meaning given to it in the Guaranty. By its execution below, the undersigned, [NAME OF NEW GUARANTOR], a [________________] [corporation] [partnership] [limited liability company] (the “New Guarantor”), agrees to become, and does hereby become, a Guarantor under the Guaranty and agrees to be bound by such Guaranty as if originally a party thereto. By its execution below, the undersigned represents and warrants as to itself that all of the representations and warranties contained in Section 1 of the Guaranty are true and correct in all respects as of the date hereof.
SUPPLEMENT TO GUARANTY. This Supplement to Guaranty is dated as of _________ and is made by ___________, a _______________ (“Additional Guarantor”), in favor of Bank of America, N.A., as Administrative Agent and the other Guaranteed Parties as defined in the Guaranty hereinafter referenced. All capitalized terms not defined herein shall have the meaning ascribed to them in the Guaranty hereinafter referenced or in the Credit Agreement hereinafter referenced.
SUPPLEMENT TO GUARANTY. The undersigned hereby agrees to be bound as a Guarantor under the Guaranty, dated as of [ ] (the “Guaranty”), among certain Domestic Subsidiaries of [ ](3)listed on the signature pages thereof and acknowledged by Citibank, N.A., as Administrative Agent, with the same force and effect as if the undersigned was an original signatory thereto (but effective as of the date hereof) and the undersigned hereby acknowledges receipt of a copy of the Guaranty. The undersigned hereby represents and warrants that each of the representations and warranties contained in Section 16 (Representations and Warranties) of the Guaranty applicable to it is true and correct with respect to it on and as the date hereof as if made on and as of such date. Capitalized terms used herein but not defined herein are used with the meanings given them in the Guaranty.
SUPPLEMENT TO GUARANTY. 64 SECTION 5.1.5 Financial Information, etc.......................................................64 SECTION 5.1.6 Solvency.........................................................................65 SECTION 5.1.7 Affirmation and Acknowledgment...................................................65 SECTION 5.1.8 Consummation of Transaction......................................................65 SECTION 5.1.9 Litigation.......................................................................65 SECTION 5.1.10 No Material Adverse Change......................................................65 SECTION 5.1.11 Approvals.......................................................................65
SUPPLEMENT TO GUARANTY. The Administrative Agent shall have received, with counterparts for each Lender, a supplement to the Guaranty, dated as of the Second Amendment Effective Date and duly executed and delivered by an Authorized Officer of each of KSL Cactus Holdings, Inc. and each of its subsidiaries party thereto.
