Common use of The Guarantees Clause in Contracts

The Guarantees. To induce the Banks to provide the credits described herein and in consideration of benefits expected to accrue to the Company by reason of the Commitments, the Advances and the Letters of Credit and for other good and valuable consideration, receipt of which is hereby acknowledged, each Guarantor party hereto (including any such Subsidiary executing an Additional Guarantor Supplement in substantially the form attached hereto as Exhibit E or such other form reasonably acceptable to the Administrative Agent) hereby unconditionally and irrevocably guarantees jointly and severally to the Administrative Agent, for the ratable benefit of the Administrative Agent and the Banks, the due and punctual payment of all present and future Obligations of the Company, in each case as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document (including all interest, costs, fees, and charges after the entry of an order for relief against the Company or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against the Company or any such obligor in any such proceeding). In case of failure by the Company punctually to pay any Obligations guaranteed hereby, each Guarantor of the Company's Obligations under this Section 11.01 hereby unconditionally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by the Company.

The Guarantees. To induce the Banks Lenders to provide the credits described herein and in consideration of benefits expected to accrue to the Company Borrower by reason of the Commitments, the Advances and the Letters of Credit Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Guarantor party hereto Subsidiary (individually a "Guarantor" and collectively the "Guarantors," including any such Subsidiary Subsidiaries formed or acquired after the Closing Date executing an Additional Guarantor Supplement in substantially the form attached hereto as Exhibit E F or such other form reasonably acceptable to the Administrative Agent) hereby unconditionally and irrevocably guarantees guarantee jointly and severally to the Administrative Agent, for the ratable benefit of the Administrative Agent Lenders, and the Bankstheir Affiliates, the due and punctual payment of all present and future Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, including, but not limited to, the due and punctual payment of principal of and interest on the Notes, the Reimbursement Obligations, and the due and punctual payment of all other Obligations of now or hereafter owed by the Company, in each case Borrower under the Loan Documents as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document (including all interest, costs, fees, and charges after the entry of an order for relief against the Company or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against the Company or any such obligor in any such proceeding)thereof. In case of failure by the Company Borrower punctually to pay any Obligations Obligations, Hedging Liability, or Funds Transfer and Deposit Account Liability guaranteed hereby, each Guarantor of the Company's Obligations under this Section 11.01 hereby unconditionally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by the CompanyBorrower.

The Guarantees. To induce the Banks Lenders to provide the credits described herein and in consideration of benefits expected to accrue to the Company Borrower by reason of the Commitments, the Advances and the Letters of Credit Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, Holdings, the Parent and each Guarantor Borrower Subsidiary party hereto (including any such Borrower Subsidiary executing an Additional Guarantor Supplement in substantially the form attached hereto as Exhibit E D or such other form reasonably acceptable to the Administrative Agent) hereby unconditionally and irrevocably guarantees jointly and severally to the Administrative Agent, for the ratable benefit of the Administrative Agent Lenders and the Bankstheir Affiliates, the due and punctual payment of all present and future Obligations including, but not limited to, the due and punctual payment of principal of and interest on the CompanyLoans, and the due and punctual payment of all other Obligations now or hereafter owed by the Borrower under the Loan Documents, in each case as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document and thereof (including all interest, costs, fees, and charges after the entry of an order for relief against the Company Borrower or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against the Company Borrower or any such obligor in any such proceeding). In case of failure by the Company Borrower or other obligor punctually to pay any Obligations Obligations, guaranteed hereby, each Guarantor of the Company's Obligations under this Section 11.01 hereby unconditionally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by the CompanyBorrower or such obligor.

The Guarantees. To induce the Banks to provide the credits Term Loans described herein and in consideration of benefits expected to accrue to the Company by reason of the Commitments, the Advances Commitments and the Letters of Credit Term Loans and for other good and valuable consideration, receipt of which is hereby acknowledged, each Guarantor party hereto (including any such Subsidiary executing an Additional Guarantor Supplement in substantially the form attached hereto as Exhibit E or such other form reasonably acceptable to the Administrative Agent) hereby unconditionally and irrevocably guarantees jointly and severally to the Administrative Agent, for the ratable benefit of the Administrative Agent and the Banks, the due and punctual payment of all present and future Obligations of the Company, in each case as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document (including all interest, costs, fees, and charges after the entry of an order for relief against the Company or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against the Company or any such obligor in any such proceeding). In case of failure by the Company punctually to pay any Obligations guaranteed hereby, each Guarantor of the Company's ’s Obligations under this Section 11.01 ‎11.01 hereby unconditionally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by the Company.

The Guarantees. To induce the Banks Lenders and L/C Issuer to provide the credits described herein and in consideration of benefits expected to accrue to the Company Borrower by reason of the Commitments, the Advances and the Letters of Credit Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Guarantor Subsidiary party hereto (including any such Subsidiary executing an Additional Guarantor Supplement in substantially the form attached hereto as Exhibit E G or such other form reasonably acceptable to the Administrative Agent) hereby unconditionally and irrevocably guarantees jointly and severally to the Administrative Agent, for the ratable benefit Lenders, and the L/C Issuer and their Affiliates (and any Person that was a Lender or an Affiliate of a Lender at the time of the Administrative Agent and the Banksentering into such agreement or arrangement), the due and punctual payment of all present and future Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, including, but not limited to, the due and punctual payment of principal of and interest on the Loans, the Reimbursement Obligations, and the due and punctual payment of all other Obligations now or hereafter owed by Borrower under the Loan Documents and the due and punctual payment of the Companyall Hedging Liability and Funds Transfer and Deposit Account Liability, in each case as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document and thereof (including all interest, costs, fees, and charges after the entry of an order for relief against the Company Borrower or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against the Company Borrower or any such obligor in any such proceeding). In case of failure by the Company punctually to pay any Obligations guaranteed hereby, each Guarantor of the Company's Obligations under this Section 11.01 hereby unconditionally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by the Company.Borrower or

The Guarantees. To induce the Banks Lenders to provide the credits described herein and in consideration of benefits expected to accrue to the Company Borrower by reason of the Commitments, the Advances and the Letters of Revolving Credit Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Guarantor party Subsidiary listed on the signature pages hereto and each other Material Subsidiary (individually a “Guarantor” and collectively the “Guarantors,” including any such Subsidiary Material Subsidiaries formed or acquired after the Closing Date executing an Additional Guarantor Supplement in substantially the form attached hereto as Exhibit E or such other form reasonably acceptable to the Administrative AgentSupplement) hereby unconditionally and irrevocably guarantees guarantee jointly and severally to the Administrative Agent, for the ratable benefit of the Administrative Agent Lenders, and the Bankstheir Affiliates, the due and punctual payment of all present and future Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, including, but not limited to, the due and punctual payment of principal of and interest on the Notes, the Reimbursement Obligations, and the due and punctual payment of all other Obligations of now or hereafter owed by the Company, in each case Borrower under the Loan Documents as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document (including all interest, costs, fees, and charges after the entry of an order for relief against the Company or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against the Company or any such obligor in any such proceeding)thereof. In case of failure by the Company Borrower or any Subsidiary punctually to pay any Obligations Obligations, Hedging Liability, or Funds Transfer and Deposit Account Liability guaranteed hereby, each Guarantor of the Company's Obligations under this Section 11.01 hereby unconditionally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by the CompanyBorrower or such Subsidiary.

The Guarantees. To induce the Banks to provide the credits described herein and in consideration of benefits expected to accrue to the Company by reason of the Commitments, the Advances and the Letters of Credit and for other good and valuable consideration, receipt of which is hereby acknowledged, each Guarantor party hereto (including any such Subsidiary executing an Additional Guarantor Supplement in substantially the form attached hereto as Exhibit E or such other form reasonably acceptable to the Administrative Agent) hereby unconditionally and irrevocably guarantees jointly and severally to the Administrative Agent, for the ratable benefit of the Administrative Agent and the Banks, the due and punctual payment of all present and future Obligations of the Company, in each case as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document (including all interest, costs, fees, and charges after the entry of an order for relief against the Company or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against the Company or any such obligor in any such proceeding). In case of failure by the Company punctually to pay any Obligations guaranteed hereby, each Guarantor of the Company's ’s Obligations under this Section 11.01 hereby unconditionally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by the Company.

The Guarantees. To induce the Banks Lenders to provide make the credits Loans described herein and in consideration of benefits expected to accrue to the Company Borrower by reason of the Commitments, the Advances and the Letters of Credit Loans and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parent and each Guarantor Subsidiary party hereto (including any such Subsidiary executing an Additional Guarantor Supplement substantially in substantially the form attached hereto as Exhibit E G or such other form reasonably acceptable to the Administrative Agent) and the Borrower (as to the Guaranteed Obligations of another Loan Party) hereby unconditionally and irrevocably guarantees jointly and severally to the Administrative Agent, for the ratable benefit of the Administrative Agent and the Banks, Lenders the due and punctual payment of all present and future Obligations, including, but not limited to, the due and punctual payment of principal of and interest on the Loans and the due and punctual payment of all other Obligations of now or hereafter owed by the CompanyBorrower under the Loan Documents, in each case as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document and thereof (including all interest, costs, fees, and charges after the entry of an order for relief against the Company Borrower or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against the Company Borrower or any such obligor in any such proceeding). In case of failure by the Company Borrower or other obligor punctually to pay any Guaranteed Obligations guaranteed hereby, each Guarantor of the Company's Obligations under this Section 11.01 hereby unconditionally unconditionally, jointly and severally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by the CompanyBorrower or such obligor.

The Guarantees. To induce the Banks Lenders to provide the credits described herein and in consideration of benefits expected to accrue to the Company Borrower by reason of the Commitments, the Advances Commitments and the Letters of Credit Loans and for other good and valuable consideration, receipt of which is hereby acknowledged, (i) each Guarantor Subsidiary from time to time party hereto (including any such Subsidiary executing an Additional Guarantor Supplement in substantially the form attached hereto as Exhibit E F or such other form reasonably acceptable to the Administrative Agent) and (ii) the Borrower (as to the Secured Obligations of another Loan Party) hereby unconditionally and irrevocably guarantees jointly and severally to the Administrative Agent, for the ratable benefit of the Administrative Agent Lenders and the Bankstheir Affiliates, the due and punctual payment of all present and future Secured Obligations, including, but not limited to, the due and punctual payment of principal of and interest on the Loans and the due and punctual payment of all other Secured Obligations of now or hereafter owed by the Company, in each case Borrower under the Loan Documents as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document and thereof (including all interest, costs, fees, and charges after the entry of an order for relief against the Company Borrower or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against the Company Borrower or any such obligor in any such proceeding). In case of failure by the Company Borrower or other obligor punctually to pay any Secured Obligations guaranteed hereby, each Guarantor of the Company's Obligations under this Section 11.01 hereby unconditionally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by the CompanyBorrower or such obligor.

The Guarantees. To induce the Banks Lenders and L/C Issuer to provide the credits described herein and in consideration of benefits expected to accrue to the Company Borrower by reason of the Commitments, the Advances and the Letters of Credit Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Guarantor Subsidiary party hereto (including any such Subsidiary executing an Additional Guarantor Supplement in substantially the form attached hereto as Exhibit E G or such other form reasonably acceptable to the Administrative Agent) hereby unconditionally and irrevocably guarantees jointly and severally to the Administrative Agent, for the ratable benefit Lenders, and the L/C Issuer and their Affiliates (and any Person that was a Lender or an Affiliate of a Lender at the time of the Administrative Agent and the Banksentering into such agreement or arrangement), the due and punctual payment of all present and future Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, including, but not limited to, the due and punctual payment of principal of and interest on the Loans, the Reimbursement Obligations, and the due and punctual payment of all other Obligations now or hereafter owed by Borrower under the Loan Documents and the due and punctual payment of the Companyall Hedging Liability and Funds Transfer and Deposit Account Liability, in each case as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document and thereof (including all interest, costs, fees, and charges after the entry of an order for relief against the Company Borrower or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against the Company Borrower or any such obligor in any such proceeding). In case of failure by the Company Borrower or other obligor punctually to pay any Obligations Obligations, Hedging Liability, or Funds Transfer and Deposit Account Liability guaranteed hereby, each Guarantor of the Company's Obligations under this Section 11.01 hereby unconditionally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by Borrower or such obligor. (a) Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under this Guaranty in respect of Swap Obligations. The obligations of each Qualified ECP Guarantor under this Section 10.1(b) shall remain in full force and effect until payment in full of the Company.Hedging Liability, and Funds Transfer and Deposit Account Liability. Each Qualified ECP Guarantor intends that this Section 10.1(b) constitute, and this Section 10.1(b) shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II)

The Guarantees. To induce the Banks Lenders to provide the credits described herein and in consideration of benefits expected to accrue to the Company Borrower by reason of the Commitments, the Advances and the Letters of Revolving Credit Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Guarantor Subsidiary party hereto in accordance with Section 4.1 hereof (including any such Subsidiary formed or acquired after the Closing Date executing an Additional Guarantor Supplement in substantially the form attached hereto as Exhibit E F or such other form reasonably acceptable to the Administrative Agent) hereby unconditionally and irrevocably guarantees jointly and severally to the Administrative Agent, for the ratable benefit of Lenders, the Administrative Agent L/C Issuer and the Bankstheir Affiliates, the due and punctual payment of all present and future Obligations, Hedging Liability (excluding, with respect to any Guarantor party hereto at any time, Excluded Hedging Liability with respect to such Guarantor at such time), and Funds Transfer and Deposit Account Liability, including, but not limited to, the due and punctual payment of principal of and interest on the Loans, the Reimbursement Obligations, and the due and punctual payment of all other Obligations of now or hereafter owed by the Company, in each case Borrower under the Loan Documents as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, according to the terms hereof or any other applicable Loan Document (including all interest, costs, fees, and charges after the entry thereof. This is a guarantee of an order for relief against the Company or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether or payment and not such interest, costs, fees and charges would be an allowed claim against the Company or any such obligor in any such proceeding)of collection. In case of failure by the Company Borrower or other obligor punctually to pay any Obligations Obligations, Hedging Liability, or Funds Transfer and Deposit Account Liability guaranteed hereby, each Guarantor of the Company's Obligations under this Section 11.01 hereby unconditionally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration, or otherwise, and as if such payment were made by the CompanyBorrower or such obligor.