Common use of Unenforceability of Obligations Against Borrower Clause in Contracts

Unenforceability of Obligations Against Borrower. If for any reason the Borrower has no legal existence or is under no legal obligation to discharge any of the Guaranty Obligations, or if any of the Guaranty Obligations have become irrecoverable from the Borrower by reason of the Borrower's insolvency, bankruptcy or reorganization or by other operation of law or for any other reason, this Guaranty shall nevertheless be binding on the Guarantor to the same extent as if the Guarantor at all times had been the principal obligor on all such Guaranty Obligations. In the event that acceleration of the time for payment of any of the Guaranty Obligations is stayed upon the insolvency, bankruptcy or reorganization of the Borrower, or for any other reason, all such amounts otherwise subject to acceleration under the terms of the Credit Agreement or any other agreement evidencing, securing or otherwise executed in connection with any Guaranty Obligation shall be immediately due and payable by the Guarantor.

Appears in 1 contract

Samples: Credit Agreement (MKS Instruments Inc)

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Unenforceability of Obligations Against Borrower. If for any reason the Borrower has no legal existence or is under no legal obligation to discharge any of the Guaranty Obligations, or if any of the Guaranty Obligations have become irrecoverable from the Borrower by reason of the Borrower's ’s insolvency, bankruptcy or reorganization or by other operation of law or for any other reason, this Guaranty shall nevertheless be binding on the Guarantor to the same extent as if the Guarantor at all times had been the principal obligor on all such Guaranty Obligations. In the event that acceleration of the time for payment of any of the Guaranty Obligations is stayed upon the insolvency, bankruptcy or reorganization of the Borrower, or for any other reason, all such amounts otherwise subject to acceleration under the terms of the Credit Agreement or any other agreement evidencing, securing or otherwise executed in connection with any Guaranty Obligation shall be immediately due and payable by the Guarantor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kronos Inc)

Unenforceability of Obligations Against Borrower. If for any reason the Borrower has no legal existence or is under no legal obligation to discharge any of the Guaranty Obligations, or if any of the Guaranty Obligations have become irrecoverable from the Borrower by reason of the Borrower's ’s insolvency, bankruptcy or reorganization or by other operation of law or for any other reason, this Guaranty shall nevertheless be binding on each of the Guarantor Guarantors to the same extent as if the Guarantor Guarantors at all times had been the principal obligor on all such Guaranty Obligations. In the event that acceleration of the time for payment of any of the Guaranty Obligations is stayed upon the insolvency, bankruptcy or reorganization of the Borrower, or for any other reason, all such amounts otherwise subject to acceleration under the terms of the Credit Agreement Loan Agreement, the Term Notes, the other Loan Documents or any other agreement evidencing, securing or otherwise executed in connection with any Guaranty Obligation shall be immediately due and payable by the GuarantorGuarantors.

Appears in 1 contract

Samples: Guaranty (CAI International, Inc.)

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Unenforceability of Obligations Against Borrower. If for any reason the Borrower has no legal existence or is under no legal obligation to discharge any of the Guaranty Obligations, or if any of the Guaranty Obligations have become irrecoverable from the Borrower by reason of the Borrower's insolvency, bankruptcy or reorganization or by other operation of law or for any other reason, including, without limitation, any release or discharge under any federal or state bankruptcy, reorganization, receivership, insolvency or other similar law affecting the rights of creditors generally, this Guaranty Guarantee shall nevertheless be binding on the Guarantor to the same extent as if the Guarantor at all times had been the principal obligor on all such Guaranty Obligations. In the event that acceleration of the time for payment of any of the Guaranty Obligations is stayed upon the insolvency, bankruptcy or reorganization of the Borrower, or for any other reason, all such amounts otherwise subject to acceleration under the terms of the Credit Agreement or any other agreement evidencing, securing or otherwise executed in connection with any Guaranty Obligation shall be immediately due and payable by the Guarantor.

Appears in 1 contract

Samples: Loan and Security Agreement (Nitinol Medical Technologies Inc)

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