EXHIBIT 10.22 PERFORMANCE GUARANTY -------------------- THIS PERFORMANCE GUARANTY, dated as of July 10, 2008 (as amended, modified or supplemented from time to time in accordance with its terms, this "GUARANTY"), is issued by CONSUMER PORTFOLIO...Performance Guaranty • August 11th, 2008 • Consumer Portfolio Services Inc • Finance services • New York
FOURTH AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • June 1st, 2020 • DXC Technology Co • Services-computer processing & data preparation • New York
This FOURTH AMENDED AND RESTATED PERFORMANCE GUARANTY, dated as of February 18, 2020 (this “Performance Guaranty”), is made by DXC TECHNOLOGY COMPANY, a Nevada corporation (“Performance Guarantor” or “DXC”), in favor of PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Guaranteed Party”) for the benefit of the Secured Parties.
SIXTH AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • November 5th, 2014 • Cardinal Health Inc • Wholesale-drugs, proprietaries & druggists' sundries • Illinois
This Sixth Amended and Restated Performance Guaranty (this “Guaranty”), dated as of November 3, 2014, is executed by Cardinal Health, Inc., an Ohio corporation (“Cardinal” or the “Performance Guarantor”) in favor of Cardinal Health Funding, LLC, a Nevada limited liability company (together with its successors and assigns, “Beneficiary”).
PERFORMANCE GUARANTYPerformance Guaranty • June 26th, 2006 • Wyndham Worldwide Corp • Hotels & motels • New York
PERFORMANCE GUARANTY (this “Guaranty”) dated as of June 16, 2006 and effective as of the Effective Date as described herein, is made by Wyndham Worldwide Corporation, a Delaware corporation (the “Performance Guarantor”), in favor of Sierra Timeshare 2005-1 Receivables Funding, LLC (formerly known as Cendant Timeshare 2005-1 Receivables Funding Company, LLC), a Delaware limited liability company (the “Issuer”), Wells Fargo Bank, National Association, as trustee (the “Trustee”) and U.S. Bank, National Association, successor to Wachovia Bank, National Association, as collateral agent (the “Collateral Agent”) under the Indenture and Servicing Agreement referenced below for the benefit of holders of Notes issued pursuant to such Indenture and Servicing Agreement and the Insurer referred to in such Indenture and Servicing Agreement.
EXHIBIT 99.7 EXECUTION COPY PERFORMANCE GUARANTY THIS PERFORMANCE GUARANTY (this "Guaranty") is made as of June 10, 1999 by SFC NEW HOLDINGS, INC, a Delaware corporation ("SFC"), as Master Servicer (in such capacity, the "Master Servicer" and...Performance Guaranty • June 30th, 1999 • Specialty Foods Acquisition Corp • Dairy products • New York
PERFORMANCE GUARANTYPerformance Guaranty • November 23rd, 2021 • C. H. Robinson Worldwide, Inc. • Arrangement of transportation of freight & cargo • New York
This PERFORMANCE GUARANTY (this “Agreement”), dated as of November 19, 2021, is between C.H. ROBINSON WORLDWIDE, INC., a Delaware corporation (the “Performance Guarantor”), and BANK OF AMERICA, N.A. (“BofA”), as agent (in such capacity, the “Agent”) for and on behalf of the Affected Parties under the Receivables Purchase Agreement, dated as of the date hereof, among C.H. Robinson Receivables, LLC, a Delaware limited liability company (the “Seller”), C.H. Robinson Worldwide, Inc., individually and as initial master Servicer (in such capacity, together with its successors and assigns in such capacity, the “Master Servicer”), the Agent and various Conduit Purchasers, Purchaser Agents and Committed Purchasers described therein (as amended, restated, supplemented or otherwise modified from time to time, the “Receivables Purchase Agreement”). Capitalized terms used and not otherwise defined in this Agreement are used as defined in, or by reference in, the Receivables Purchase Agreement. The
AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • May 5th, 2015 • Mallinckrodt PLC • Pharmaceutical preparations • New York
This AMENDED AND RESTATED PERFORMANCE GUARANTY (as amended, supplemented or otherwise modified from time to time, this “Performance Guaranty”), dated as of January 20, 2015, is made by MALLINCKRODT INTERNATIONAL FINANCE S.A., a public limited liability company (société anonyme) organized under the laws of the Grand Duchy of Luxembourg having its registered office at 42-44, avenue de la Gare, L-1610 Luxembourg and registered with the Luxembourg Trade and Companies Register under number B 172.865 (the “Performance Guarantor”), in favor of PNC BANK, NATIONAL ASSOCIATION, as administrative agent (together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of itself, the Purchasers and their respective successors and assigns under the Note Purchase Agreement (as defined below). Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned thereto in the Note Purchase Agreement referred to below or, if not defi
RECITALSPerformance Guaranty • February 23rd, 2005 • TRW Automotive Holdings Corp • Motor vehicle parts & accessories • New York
SECOND AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • February 9th, 2022 • Triumph Group Inc • Aircraft & parts • New York
This SECOND AMENDED AND RESTATED PERFORMANCE GUARANTY (as amended, restated, supplemented or otherwise modified from time to time, this “Performance Guaranty”), dated as of November 5, 2021, is made by TRIUMPH GROUP, INC. (“Triumph”), a corporation organized under the laws of the State of Delaware, as performance guarantor (the “Performance Guarantor”), in favor of PNC BANK, NATIONAL ASSOCIATION (“PNC”), as administrator (the “Administrator”) for the benefit of the Purchasers, the LC Bank, the Purchaser Agents, each Indemnified Party and each Affected Person (and each of their respective successors and assigns) (collectively with the Administrator, the “Beneficiaries”) under and as defined in the Receivables Purchase Agreement (as defined below).
PERFORMANCE GUARANTYPerformance Guaranty • October 18th, 2023 • NCR Atleos Corp • Calculating & accounting machines (no electronic computers) • New York
This PERFORMANCE GUARANTY (as amended, supplemented or otherwise modified from time to time, this “Performance Guaranty”), dated as of October 16, 2023, is made by NCR ATLEOS CORPORATION, a Maryland corporation (the “Performance Guarantor” and, in its individual capacity, “Atleos”), in favor of PNC BANK, NATIONAL ASSOCIATION, as administrative agent (together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of itself and the other Secured Parties under the Receivables Purchase Agreement defined below. Capitalized terms used, but not otherwise defined herein shall have the respective meanings assigned thereto in the Receivables Purchase Agreement referred to below or, if not defined therein, the respective meanings assigned thereto in the U.S. Purchase and Sale Agreement or Canadian Purchase and Sale Agreement, as applicable, referred to below.
ContractPerformance Guaranty • October 23rd, 2012 • CAI International, Inc. • Services-equipment rental & leasing, nec • New York
EX-10.35 13 dex1035.htm PERFORMANCE GUARANTEE EXECUTION COPY PERFORMANCE GUARANTY (Series 2006-1)Performance Guaranty • May 5th, 2020 • New York
PERFORMANCE GUARANTY (this “Guaranty”) dated as of July 11, 2006 is made by Cendant Corporation, a Delaware corporation and by Wyndham Worldwide Corporation, a Delaware corporation (“Wyndham Worldwide”) in favor of Sierra Timeshare 2006-1 Receivables Funding, LLC, a Delaware limited liability company (the “Issuer”), Sierra Deposit Company, LLC, a Delaware limited liability company (the “Depositor”), Wells Fargo Bank, National Association, as trustee, (the “Trustee”) and U.S. Bank, National Association, as collateral agent (the “Collateral Agent”) under the Indenture and Servicing Agreement referenced below for the benefit of holders of Notes issued pursuant to such Indenture and Servicing Agreement and the Insurer referred to in such Indenture and Servicing Agreement.
PERFORMANCE GUARANTYPerformance Guaranty • March 18th, 2013 • EnergySolutions, Inc. • Hazardous waste management • Illinois
This Performance Guaranty (“Guaranty”) is made and given as of the 11th day of December 2007, by EnergySolutions, LLC, a Utah limited liability company (“Guarantor”), in favor of Exelon Generation Company, LLC, a Pennsylvania limited liability company (“Beneficiary”).
AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • July 26th, 2017 • Owens Corning • Abrasive, asbestos & misc nonmetallic mineral prods • New York
This AMENDED AND RESTATED PERFORMANCE GUARANTY (as amended, supplemented or otherwise modified from time to time, this “Performance Guaranty”), dated as of May 5, 2017, is made by Owens corning, a Delaware corporation (the “Performance Guarantor”), in favor of PNC Bank, National Association (“PNC”), as administrator (together with its successors and assigns in such capacity, the “Administrator”), for the benefit of itself, the Purchasers, the Purchaser Agents and their respective successors and assigns under the Receivables Purchase Agreement (as defined below). Capitalized terms used, but not otherwise defined herein shall have the respective meanings assigned thereto in the Receivables Purchase Agreement referred to below or, if not defined therein, the respective meanings assigned thereto in the Sale Agreement referred to below.
AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • July 23rd, 2019 • OUTFRONT Media Inc. • Real estate investment trusts • New York
This AMENDED AND RESTATED PERFORMANCE GUARANTY (this “Agreement”), dated as of July 19, 2019, is between OUTFRONT MEDIA INC., a Maryland corporation (the “Performance Guarantor”), and MUFG BANK, LTD. (F/K/A THE BANK OF TOKYO-MITSUBISHI UFJ, LTD.) (“MUFG”), as administrative agent (in such capacity, the “Administrative Agent”) for and on behalf of the Credit Parties and other Secured Parties, from time to time (each of the foregoing, including the Administrative Agent, a “Beneficiary” and, collectively, the “Beneficiaries”) under the Amended and Restated Receivables Purchase Agreement, dated as of the date hereof, among Outfront Media Receivables LLC, a Delaware limited liability company (“QRS Seller”), Outfront Media Receivables TRS, LLC, a Delaware limited liability company (“TRS Seller”; together with the QRS Seller, collectively, the “Sellers”), Performance Guarantor, Outfront Media LLC, a Delaware limited liability company, as initial servicer (in such capacity, the “Servicer”), th
PERFORMANCE GUARANTYPerformance Guaranty • March 11th, 2015 • Foresight Energy LP • Bituminous coal & lignite mining • New York
This PERFORMANCE GUARANTY (this “Performance Guaranty”), dated as of January 13, 2015, is made by FORESIGHT ENERGY LP, a Delaware limited partnership (together with its successors and permitted assigns, the “Performance Guarantor”), in favor of PNC BANK, NATIONAL ASSOCIATION (“PNC”), as administrative agent under the Receivables Financing Agreement defined below (together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of the Administrative Agent and the other Secured Parties under the Receivables Financing Agreement defined below. Capitalized terms used but not otherwise defined herein have the respective meanings assigned thereto in, or by reference in, the Receivables Financing Agreement defined below.
PERFORMANCE GUARANTY (Series 2007-1)Performance Guaranty • February 29th, 2008 • Wyndham Worldwide Corp • Hotels & motels • New York
PERFORMANCE GUARANTY (this “Guaranty”) dated as of May 23, 2007 is made by Wyndham Worldwide Corporation, a Delaware corporation (“Wyndham Worldwide”) in favor of Sierra Timeshare 2007-1 Receivables Funding, LLC, a Delaware limited liability company (the “Issuer”), Sierra Deposit Company, LLC, a Delaware limited liability company (the “Depositor”), and U.S. Bank National Association, as trustee, (the “Trustee”) and as collateral agent (the “Collateral Agent”) under the Indenture and Servicing Agreement referenced below for the benefit of holders of Notes issued pursuant to such Indenture and Servicing Agreement and the Insurer referred to in such Indenture and Servicing Agreement.
PERFORMANCE GUARANTYPerformance Guaranty • July 1st, 2020 • Compass Minerals International Inc • Mining & quarrying of nonmetallic minerals (no fuels) • New York
This PERFORMANCE GUARANTY (as amended, supplemented or otherwise modified from time to time, this “Performance Guaranty”), dated as of June 30, 2020, is made by COMPASS MINERALS INTERNATIONAL, INC. (the “Performance Guarantor”), a Delaware corporation, in favor of PNC BANK, NATIONAL ASSOCIATION (“PNC”), as administrative agent under the Receivables Financing Agreement defined below (together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of itself and the other Secured Parties under the Receivables Financing Agreement defined below. Capitalized terms used but not otherwise defined herein have the respective meanings assigned thereto in, or by reference in, the Receivables Financing Agreement defined below.
PERFORMANCE GUARANTYPerformance Guaranty • August 23rd, 2024 • Labcorp Holdings Inc. • Services-medical laboratories • New York
This PERFORMANCE GUARANTY (as amended, supplemented or otherwise modified from time to time, this “Performance Guaranty”), dated as of August 23, 2024, is made by LABCORP HOLDINGS INC., a Delaware corporation (the “Performance Guarantor”), in favor of PNC BANK, NATIONAL ASSOCIATION (“PNC”), as administrative agent under the Receivables Purchase Agreement (as defined below) (in such capacity, the “Administrative Agent”), for the benefit of itself and the other Secured Parties under the Receivables Purchase Agreement. Capitalized terms used, but not otherwise defined herein, shall have the respective meanings assigned thereto in, or by reference in, the Receivables Purchase Agreement or if not defined therein, the respective meanings assigned thereto in the Transfer Agreement (as defined below), and the other interpretive matters under Section 1.02 of the Receivables Purchase Agreement shall apply, mutatis mutandis, to this Performance Guaranty as if fully set forth herein.
Performance GuarantyPerformance Guaranty • August 7th, 2024 • ACV Auctions Inc. • Services-business services, nec • New York
This Performance Guaranty (this “Guaranty”) is made as of June 20, 2024, by ACV Auctions Inc., a Delaware corporation (the “Guarantor”), in favor of Citibank, N.A., as administrative agent (together with its successors and assigns in such capacity, the “Administrative Agent”) for the benefit of the Secured Parties under the Credit Agreement (as defined below) and the Facility Documents (as defined in such Credit Agreement) executed in connection therewith.
AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • February 11th, 2022 • T-Mobile US, Inc. • Radiotelephone communications • New York
This AMENDED AND RESTATED PERFORMANCE GUARANTY, dated as of November 10, 2021 (as amended, restated, supplemented or otherwise modified from time to time, this “Performance Guaranty”), is made by T-Mobile US, Inc., a corporation organized under the laws of the State of Delaware, and T-Mobile USA, Inc., a corporation organized under the laws of the State of Delaware, as performance guarantors (each a “Performance Guarantor” and, collectively, the “Performance Guarantors”), in favor of each Guaranteed Party (as defined below), and amends and restates, in its entirety, that certain performance guaranty, dated as of April 3, 2018 (the “Existing Performance Guaranty”), by the Performance Guarantors in favor of the Guaranteed Parties (as defined therein). Capitalized terms used, but not otherwise defined herein shall have the respective meanings assigned thereto in the Receivables Purchase and Administration Agreement (as defined below) or, if not defined therein, in the other Related Docume
FIRST AMENDMENT TO PERFORMANCE GUARANTYPerformance Guaranty • May 20th, 2010 • Fleetcor Technologies Inc • Services-business services, nec • New York
THIS FIRST AMENDMENT TO PERFORMANCE GUARANTY (this “Amendment”), dated as of March 19, 2010, is entered into by and among FLEETCOR TECHNOLOGIES, INC., a corporation organized under the laws of the state of Delaware (“Holdings”), FLEETCOR TECHNOLOGIES OPERATING COMPANY, LLC, a limited liability company organized under the laws of the state of Georgia (“FleetCor”) (together, FleetCor and Holdings are each a “Performance Guarantor” and collectively the “Performance Guarantors”), PNC BANK, NATIONAL ASSOCIATION (“PNC”), as administrator (in such capacity, the “Administrator”), PNC, as a purchaser agent and CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK NEW YORK BRANCH (“Credit Agricole”), as a purchaser agent (together, PNC and Credit Agricole, in their capacities as purchaser agents, are each a “Purchaser Agent” and collectively the “Purchaser Agents”).
PERFORMANCE GUARANTYPerformance Guaranty • June 3rd, 2015 • Flagship Credit Corp. • Personal credit institutions • New York
This Performance Guaranty (this “Guaranty”) is entered into as of April 27, 2015, by FC HoldCo LLC (the “Guarantor”), in favor of Wells Fargo Bank, National Association, as administrative agent under the Warehouse Agreement (as defined below) (in such capacity, the “Administrative Agent”).
PERFORMANCE GUARANTYPerformance Guaranty • September 6th, 2023 • Cardinal Health Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York
This Performance Guaranty (this “Guaranty”), dated as of September 1, 2023, is executed by Cardinal Health, Inc., an Ohio corporation (“Cardinal” or the “Performance Guarantor”) in favor of Cardinal Health 23 Funding, LLC, a Nevada limited liability company (together with its successors and assigns, “Beneficiary”).
ContractPerformance Guaranty • July 21st, 2022 • CENNTRO ELECTRIC GROUP LTD • Motor vehicles & passenger car bodies
SECOND AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • October 1st, 2024 • Audacy, Inc. • Radio broadcasting stations
This SECOND AMENDED AND RESTATED PERFORMANCE GUARANTY, (this “Agreement”) dated as of September 30, 2024, is between AUDACY, INC., a Delaware corporation (formerly a Pennsylvania corporation, the “Performance Guarantor”), and DZ BANK AG DEUTSCHE ZENTRAL-GENOSSENSCHAFTSBANK, FRANKFURT AM MAIN, as agent (in such capacity, the “Agent”) for and on behalf of the Investor Parties and other Secured Parties, from time to time (each of the foregoing, including the Agent, a “Beneficiary” and, collectively, the “Beneficiaries”) under the Second Amended and Restated Receivables Purchase Agreement dated as of the date hereof, among Audacy Receivables, LLC, a Delaware limited liability company (the “Seller”), Audacy Operations, LLC, a Delaware limited liability company (formerly a Delaware corporation), as initial servicer (in such capacity, the “Servicer”), the Agent and the various Investors from time to time party thereto (as amended, restated, supplemented or otherwise modified from time to time
EXHIBIT 10.17 PERFORMANCE GUARANTY This PERFORMANCE GUARANTY (this "Performance Guaranty"), dated as of August 15, 2002, made by FOSTER WHEELER LTD., a Bermuda limited company (the "Guarantor"), in favor of FOOTHILL CAPITAL CORPORATION, a California...Performance Guaranty • August 19th, 2002 • Foster Wheeler LTD • Heavy construction other than bldg const - contractors • New York
AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • May 15th, 2015 • GWG Life, LLC • Life insurance • New York
This AMENDED AND RESTATED PERFORMANCE GUARANTY (this “Guaranty”) is made as of the 11th day of May, 2015, by GWG Holdings, Inc. (formerly known as GWG Holdings, LLC), a Delaware corporation (the “Guarantor”), in favor of GWG DLP Funding II, LLC, a Delaware limited liability company (“GWG DLP II” or a “Buyer”), GWG DLP Funding II, LLC, a Delaware limited liability company (“GWG DLP III” or a “Buyer” and, together with GWG DLP II, the “Buyers”), Autobahn Funding Company LLC, as lender (a “Lender” or the “Conduit Lender”), and DZ Bank AG Deutsche Zentral-Genossenschaftsbank, as committed lender (a “Lender” or the “Committed Lender” and together with the Conduit Lender, the “Lenders”) and as agent (the “Agent”), in connection with (i) that certain Second Amended and Restated General Sale and Servicing Agreement, dated as of May 11, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the “General Sale and Servicing Agreement”), by and among GWG DLP II, as a pur
AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • January 10th, 2024 • Audacy, Inc. • Radio broadcasting stations
This AMENDED AND RESTATED PERFORMANCE GUARANTY, (this “Agreement”) dated as of January 9, 2024, is between AUDACY, INC., a Pennsylvania corporation and a debtor and a debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Performance Guarantor”), and DZ BANK AG DEUTSCHE ZENTRAL-GENOSSENSCHAFTSBANK, FRANKFURT AM MAIN, as agent (in such capacity, the “Agent”) for and on behalf of the Investor Parties and other Secured Parties, from time to time (each of the foregoing, including the Agent, a “Beneficiary” and, collectively, the “Beneficiaries”) under the Amended and Restated Receivables Purchase Agreement dated as of the date hereof, among Audacy Receivables, LLC, a Delaware limited liability company (the “Seller”), Audacy Operations, Inc., and a debtor and a debtor-in-possession under Chapter 11 of the Bankruptcy Code. as initial servicer (in such capacity, the “Servicer”), the Agent and the various Investors from time to time party thereto (as amended, restated, supplemented
PERFORMANCE GUARANTYPerformance Guaranty • November 5th, 2020 • CHS Inc • Wholesale-farm product raw materials • New York
THIS PERFORMANCE GUARANTY (this “Guaranty”), dated as of July 22, 2016, is executed by CHS Inc., a Minnesota corporation (the “Performance Guarantor”), in favor of The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch, as administrative agent on behalf of the Affected Parties (in such capacity, the “Administrative Agent”).
PERFORMANCE GUARANTYPerformance Guaranty • May 4th, 2021 • T-Mobile US, Inc. • Radiotelephone communications • New York
This PERFORMANCE GUARANTY, dated as of March 2, 2021 (as amended, restated, supplemented or otherwise modified from time to time, this “Performance Guaranty”), is made by T-Mobile US, Inc., a corporation organized under the laws of the State of Delaware, and TMobile USA, Inc., a corporation organized under the laws of Delaware, as guarantors (each a “Performance Guarantor”) in favor of each Guaranteed Party (as defined below). Capitalized terms used, but not otherwise defined herein shall have the respective meanings assigned thereto in the Master Receivables Purchase Agreement (as defined below) or, if not defined therein, in the other Related Documents (as defined in the Master Receivables Purchase Agreement).
PERFORMANCE GUARANTYPerformance Guaranty • December 16th, 2008 • Medallion Financial Corp • Finance services • New York
This PERFORMANCE GUARANTY (this “Guaranty”) is made as of the 12th day of December, by Medallion Financial Corp. (the “Guarantor”), in favor of Taxi Medallion Loan Trust III (the “Borrower”), Autobahn Funding Company LLC, as lender (the “Lender”), and DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt am Main, as agent (the “Agent”), in connection with (i) that certain Servicing Agreement, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Servicing Agreement”), by and among the Borrower, Medallion Funding Corp. (“Medallion Funding”), as servicer, and the Agent and (ii) that certain Mortgage Loan Purchase and Contribution Agreement, dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the “Purchase Agreement”), by and between the Borrower, as transferee, and Medallion Funding, as transferor.
SECOND AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • April 24th, 2024 • Owens Corning • Abrasive, asbestos & misc nonmetallic mineral prods • New York
This SECOND AMENDED AND RESTATED PERFORMANCE GUARANTY (as amended, supplemented or otherwise modified from time to time, this “Performance Guaranty”), dated as of March 1, 2024, is made by OWENS CORNING, a Delaware corporation (the “Performance Guarantor”), in favor of PNC Bank, National Association (“PNC”), as administrator (together with its successors and assigns in such capacity, the “Administrator”), for the benefit of itself, the Purchasers, the Purchaser Agents and their respective successors and assigns under the Receivables Purchase Agreement (as defined below). Capitalized terms used, but not otherwise defined herein shall have the respective meanings assigned thereto in the Receivables Purchase Agreement referred to below or, if not defined therein, the respective meanings assigned thereto in the Sale Agreement referred to below.
PERFORMANCE GUARANTYPerformance Guaranty • September 6th, 2023 • Mallinckrodt PLC • Pharmaceutical preparations • New York
This PERFORMANCE GUARANTY (as amended, supplemented or otherwise modified from time to time, this “Performance Guaranty”), dated as of August 30, 2023, is made by MEH, INC., a Nevada corporation (the “Performance Guarantor” and, in its individual capacity, “MEH”), in favor of BARCLAYS BANK PLC, as administrative agent (together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of itself and the other Secured Parties under the ABL Credit Agreement defined below. Capitalized terms used, but not otherwise defined herein shall have the respective meanings assigned thereto in the ABL Credit Agreement referred to below or, if not defined therein, the respective meanings assigned thereto in the Purchase and Sale Agreement referred to below.
SECOND AMENDED AND RESTATED PERFORMANCE GUARANTYPerformance Guaranty • August 24th, 2007 • Cardinal Health Inc • Wholesale-drugs, proprietaries & druggists' sundries • Illinois
This Second Amended and Restated Performance Guaranty (this “Guaranty”), dated as of June 20, 2007, is executed by Cardinal Health, Inc., an Ohio corporation (“Cardinal” or the “Performance Guarantor”) in favor of Cardinal Health Funding, LLC, a Nevada limited liability company (together with its successors and assigns, “Beneficiary”).
