U.s. Guaranty Sample Contracts
AMENDED AND RESTATED U.S. GUARANTY dated as of January 31, 2019 among MASONITE CORPORATION, THE OTHER U.S. BORROWERS FROM TIME TO TIME PARTY HERETO, THE U.S. SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, and WELLS FARGO BANK, NATIONAL...u.s. Guaranty • February 6th, 2019 • Masonite International Corp • Millwood, veneer, plywood, & structural wood members • New York
Page ARTICLE I U.S. GUARANTY 2 Section 1.01 The U.S. Guaranty. 2 Section 1.02 Guarantee Absolute; Waiver by the U.S. Guarantors. 4 Section 1.03 Payments. 8 Section 1.04 Discharge; Reinstatement in Certain Circumstances. 9 Section 1.05 Security for Guaranty. 10 Section 1.06 Agreement to Pay; Subordination of Subrogation Claims. 10 Section 1.07 Stay of Acceleration. 11 Section 1.08 No Set-Off. 11 ARTICLE II INDEMNIFICATION, SUBROGATION AND CONTRIBUTION 11 Section 2.01 Indemnity and Subrogation. 11 Section 2.02 Contribution and Subrogation. 12 ARTICLE III REPRESENTATIONS, WARRANTIES AND COVENANTS 12 Section 3.01 Representations and Warranties; Certain Agreements. 12 Section 3.02 Information. 12 Section 3.03 Subordination by U.S. Guarantors. 12 ARTICLE IV SET-OFF 13 Section 4.01 Right of Set-Off. 13 ARTICLE V MISCELLANEOUS 13 Section 5.01 Notices. 13 Section 5.02 Benefit of Agreement. 14 Section 5.03 No Waivers; Non-Exclusive Remedies. 14 Section
Standard Contracts
dated as of January 26, 2011 among PLY GEM INDUSTRIES, INC., PLY GEM HOLDINGS, INC., the Subsidiaries of the Specified U.S. Borrower from time to time party hereto and UBS AG, STAMFORD BRANCH, as Collateral Agentu.s. Guaranty • March 21st, 2011 • Ply Gem Holdings Inc • Millwood, veneer, plywood, & structural wood members • New York
AMENDMENT NO. 1 TO U.S. GUARANTYu.s. Guaranty • August 19th, 2013 • Masonite International Corp • Millwood, veneer, plywood, & structural wood members • New York
AMENDMENT NO. 1 TO U.S. GUARANTY, dated as of December 21, 2012 (this “Amendment No. 1”), is by and among Wells Fargo Bank, National Association (“Wells Fargo Bank”), a national banking association, as administrative agent pursuant to the Credit Agreement as defined below (in such capacity, together with its successors and assigns, in such capacity, “Administrative Agent”) Masonite Primeboard, Inc., a North Dakota corporation (“Primeboard”), Florida Made Door Co., a Florida corporation (“Florida Made”), and Masonite Corporation, a Delaware corporation (the “Lead U.S. Borrower” and, together with Primeboard and Florida Made, collectively “U.S. Borrowers” and individually each a “U.S. Borrower”).
US GUARANTYUs Guaranty • January 28th, 2005 • RPP Capital Corp • Plastic materials, synth resins & nonvulcan elastomers
This US GUARANTY (this “US Guaranty”), dated as of January , 2005, by and among the Guarantors identified as such on the signature page hereof (each, a “Guarantor” and collectively, “Guarantors”), and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, individually and as agent (in such capacity, “US Agent”) for itself and the US Lenders and the Collateral Agent (as such terms are defined in the Credit Agreement hereinafter defined) from time to time signatory to the Credit Agreement.
US GUARANTYUs Guaranty • November 22nd, 2004 • Blount International Inc • Ordnance & accessories, (no vehicles/guided missiles) • New York
Contractu.s. Guaranty • October 31st, 2019 • Ciena Corp • Telephone & telegraph apparatus • New York
WHEREAS, Ciena Corporation, a Delaware corporation (the “Company”, together with the Domestic Subsidiaries of the Company that are or become a U.S. Borrower pursuant to the terms of the Credit Agreement, the “U.S. Borrowers”), Ciena Canada, Inc., a corporation incorporated under the laws of Canada (together with the other Canadian Subsidiaries of the Company that are or become a Canadian Borrower pursuant to the terms of the Credit Agreement, the “Canadian Borrowers”, and the Canadian Borrowers, together with the U.S. Borrowers, collectively, the “Borrowers”), the lenders from time to time party thereto (the “Lenders”) and Bank of America, N.A., as administrative agent and collateral agent have entered into that certain ABL Credit Agreement, dated as of October 28, 2019 (as amended, modified, restated and/or supplemented from time to time, the “Credit Agreement”), providing for the making of Loans to the Borrowers as contemplated therein (the Lenders, the Administrative Agent and the o
dated as of March 17, 2014 among HEALTHCARE TECHNOLOGY INTERMEDIATE HOLDINGS, INC., as Holdings, IMS HEALTH INCORPORATED, as Parent Borrower THE OTHER GUARANTORS PARTY HERETO FROM TIME TO TIME, and BANK OF AMERICA, N.A., as Administrative Agentu.s. Guaranty • March 24th, 2014 • IMS Health Holdings, Inc. • Services-computer processing & data preparation • New York
This U.S. GUARANTY, dated as of March 17, 2014, is among HEALTHCARE TECHNOLOGY INTERMEDIATE HOLDNGS, INC., a Delaware corporation (“Holdings”), IMS HEALTH INCORPORATED, a Delaware corporation (the “Parent Borrower”), and the other Guarantors set forth on Schedule I hereto and BANK OF AMERICA, N.A., as Administrative Agent.
Dated as of May 20, 2008 From THE GUARANTORS NAMED HEREIN and THE ADDITIONAL GUARANTORS REFERRED TO HEREIN as Guarantors in favor of THE SECURED PARTIES REFERRED TO IN THE CREDIT AGREEMENT REFERRED TO HEREIN T A B L E O F C O N T E N T Su.s. Guaranty • August 24th, 2009 • NTK Holdings, Inc. • Electric housewares & fans • New York
PRELIMINARY STATEMENT. Nortek, Inc. and the other Loan Parties party thereto are parties to a Credit Agreement dated as of May 20, 2008 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”; the capitalized terms defined therein and not otherwise defined herein being used herein as therein defined) with certain Lenders party thereto, and Bank of America, N.A., as Administrative Agent for such Lenders. Each Guarantor may receive, directly or indirectly, a portion of the proceeds of the Loans under the Credit Agreement and will derive substantial direct and indirect benefits from the transactions contemplated by the Credit Agreement. It is a condition precedent to the making of Loans by Lenders and the issuance of Letters of Credit by the L/C Issuers under the Credit Agreement, the entry by the Hedge Banks into Secured Hedge Agreements and the entry by the Cash Management Banks into Secured Cash Management Agreements from time to
AMENDMENT NO. 1 TO U.S. GUARANTYu.s. Guaranty • February 27th, 2014 • Masonite International Corp • Millwood, veneer, plywood, & structural wood members • New York
AMENDMENT NO. 1 TO U.S. GUARANTY, dated as of June 19, 2013 (this “Amendment No. 1”), is by and among Wells Fargo Bank, National Association (“Wells Fargo Bank”), a national banking association, as administrative agent pursuant to the Credit Agreement as defined below (in such capacity, together with its successors and assigns, in such capacity, “Administrative Agent”) Masonite Primeboard, Inc., a North Dakota corporation (“Primeboard”), Florida Made Door Co., a Florida corporation (“Florida Made”), and Masonite Corporation, a Delaware corporation (the “Lead U.S. Borrower” and, together with Primeboard and Florida Made, collectively “U.S. Borrowers” and individually each a “U.S. Borrower”).
U. S. GUARANTY dated as of May 18, 2012 among WP PRISM INC., as Holdings, BAUSCH & LOMB INCORPORATED, as the Parent Borrower BAUSCH & LOMB B.V., as the Dutch Subsidiary Borrower CERTAIN SUBSIDIARIES OF BAUSCH & LOMB INCORPORATED to be identified...u.s. Guaranty • March 22nd, 2013 • WP Prism Inc.
Reference is made to the Credit Agreement dated as of May 18, 2012 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among the Borrowers, Holdings, Citibank, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer, JPMorgan Chase Bank, N.A, as an L/C Issuer, and each lender from time to time party thereto (collectively, the “Lenders” and individually, a “Lender”). The Lenders have agreed to extend credit to the Borrowers subject to the terms and conditions set forth in the Credit Agreement. The obligations of the Lenders to extend such credit are conditioned upon, among other things, the execution and delivery of this Agreement. Holdings and the Subsidiaries are affiliates of the Borrowers, will derive substantial benefits from the extension of credit to the Borrowers pursuant to the Credit Agreement and are willing to execute and deliver this Agreement in order to induce the Lenders to extend such credit. Accor
Dated as of December 17, 2009 From THE GUARANTORS NAMED HEREIN and THE ADDITIONAL GUARANTORS REFERRED TO HEREIN as Guarantors in favor of THE SECURED PARTIES REFERRED TO IN THE CREDIT AGREEMENT REFERRED TO HEREINu.s. Guaranty • September 14th, 2011 • Nortek Inc • Electric housewares & fans • New York
PRELIMINARY STATEMENT. The Specified U.S. Borrower and the other Loan Parties party thereto are parties to a Credit Agreement, dated as of December 17, 2009 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement” the capitalized terms defined therein and not otherwise defined herein being used herein as therein defined), with certain Lenders party thereto, Bank of America, N.A., as Administrative Agent for such Lenders, and the Collateral Agents party thereto. Each Guarantor may receive, directly or indirectly, a portion of the proceeds of the Loans under the Credit Agreement and will derive substantial direct and indirect benefits from the transactions contemplated by the Credit Agreement. It is a condition precedent to the making of Loans by Lenders and the issuance of Letters of Credit by the L/C Issuers under the Credit Agreement, the entry by the Hedge Banks into Secured Hedge Agreements and the entry by the Cash Ma
Contractu.s. Guaranty • November 9th, 2012 • Ply Gem Holdings Inc • Millwood, veneer, plywood, & structural wood members
SUPPLEMENT (this “Supplement”) dated as of August 2, 2012 to the U.S. Guaranty dated as of January 26, 2011 (the “U.S. Guaranty”), among PLY GEM INDUSTRIES, INC., a Delaware corporation (the “Specified U.S. Borrower”), PLY GEM HOLDINGS, INC., a Delaware company (“Holdings”), each Subsidiary of the Borrower from time to time party thereto (each such Subsidiary individually a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors”; the Subsidiary Guarantors, the Specified U.S. Borrower and Holdings are referred to collectively herein as the “Guarantors”) and UBS AG, STAMFORD BRANCH, as collateral agent (in such capacity, the “Collateral Agent”).
