Common use of Termination of Guaranty Obligations of All Guarantors Clause in Contracts

Termination of Guaranty Obligations of All Guarantors. At such time as (a) no Purchaser has any Commitment to make further fundings to the Borrower under the terms of the Securities Purchase Agreement and (b) all the Guaranteed Obligations in respect of the Notes have been indefeasibly paid and/or performed in full (including the conversion in full of the Notes), then the guaranty provided for herein and this Agreement shall terminate, provided, however, that (i) all indemnities of the Guarantors or the Borrower contained in this Agreement or any Transaction Document shall survive and remain operative and in full force and effect regardless of the termination of this Agreement, and (ii) the guaranty provided for herein shall be reinstated if at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by the Agent or any Purchaser upon the insolvency, bankruptcy or reorganization of the Borrower or any Guarantor or otherwise, all as though such payment had not been made.

Appears in 3 contracts

Samples: Security Agreement (Security Devices International Inc.), Securities Purchase Agreement (Nestor Inc), Guaranty and Suretyship Agreement (Nestor Inc)

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Termination of Guaranty Obligations of All Guarantors. At such time as (a) the Lenders have no Purchaser has any Commitment further obligation to make further fundings to the Borrower honor Requests for Credit Extensions under the terms of the Securities Purchase Credit Agreement and (b) all the Guaranteed Obligations in respect of the Notes have been indefeasibly paid and/or performed in full (including the conversion in full of the Notes)full, then the guaranty provided for herein and this Agreement shall terminate, provided, however, that (i) all indemnities of the Guarantors or the Borrower contained in this Agreement or any Transaction Loan Document shall survive and remain operative and in full force and effect regardless of the termination of this Agreement, and (ii) the guaranty provided for herein shall be he reinstated if at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by any of the Agent Administrative Agent, the Documentation Agent, the Syndication Agents, the Swing Line Lender, any L/C Issuer, any Lender or any Purchaser other Person upon the insolvency, bankruptcy or reorganization of the Borrower or any Guarantor or otherwise, all as though such payment had not been made.

Appears in 1 contract

Samples: Credit Agreement (Curtiss Wright Corp)

Termination of Guaranty Obligations of All Guarantors. At such time as (a) the Lenders have no Purchaser has any Commitment further obligation to make further fundings to the Borrower honor Requests for Credit Extensions under the terms of the Securities Purchase Credit Agreement and (b) all the Guaranteed Obligations in respect of the Notes have been indefeasibly paid and/or performed in full (including the conversion in full of the Notes)full, then the guaranty provided for herein and this Guaranty Agreement shall terminate, provided, however, that (i) all indemnities of the Guarantors or the Borrower contained in this Guaranty Agreement or any Transaction Loan Document shall survive and remain operative and in full force and effect regardless of the termination of this Guaranty Agreement, and (ii) the guaranty provided for herein shall be reinstated if at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by any of the Agent Administrative Agent, Swing Line Lender, any L/C Issuer, any Lender or any Purchaser other Person upon the insolvency, bankruptcy or reorganization of the Borrower or any Guarantor or otherwise, all as though such payment had not been made.

Appears in 1 contract

Samples: Credit Agreement (Curtiss Wright Corp)

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Termination of Guaranty Obligations of All Guarantors. At such time as (a) no Purchaser has any Commitment to make further fundings to the Borrower under the terms of the Securities Purchase Agreement Agreements and (b) all the Guaranteed Obligations in respect of the Notes have been indefeasibly paid and/or performed in full (including the conversion in full of the Notes), then the guaranty provided for herein and this Agreement shall terminate, provided, however, that (i) all indemnities of the Guarantors or the Borrower contained in this Agreement or any Transaction Document shall survive and remain operative and in full force and effect regardless of the termination of this Agreement, and (ii) the guaranty provided for herein shall be reinstated if at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by the Agent or any Purchaser upon the insolvency, bankruptcy or reorganization of the Borrower or any Guarantor or otherwise, all as though such payment had not been made.

Appears in 1 contract

Samples: Security Agreement (Nestor Inc)

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