Credit Facility Guaranty definition

Credit Facility Guaranty means the Guarantee of the Obligations by the Guarantors pursuant to Article IV.

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Credit Facility Guaranty means the Guarantee of the Obligations by the Guarantors pursuant to Article IV. “Customary Recourse Exceptions” means, with respect to any Indebtedness, personal recourse that is limited to fraud, misrepresentation, misapplication of cash, waste, environmental claims and liabilities, prohibited transfers, violations of single-purpose entity covenants, voluntary insolvency proceedings, obligations for completion or cost overruns for construction related activities, and other circumstances customarily excluded by institutional lenders from exculpation provisions and/or included in separate Guarantee or indemnification agreements in non-recourse financing of real property. “Daily Simple SOFR” means, with respect to any applicable determination date, the SOFR published on the fifth (5th) U.S. Government Securities Business Day preceding such date of determination by the SOFR Administrator on the Federal Reserve Bank of New York’s website (or any successor source); provided, however that if such determination date is not a U.S. Government Securities Business Day, then SOFR means such rate that applied on the first (1st) U.S. Government Securities Business Day immediately prior thereto; plus the SOFR Adjustment. Notwithstanding anything to the contrary contained herein, to the extent that, at any time, Daily Simple SOFR shall be less than the Floor, Daily Simple SOFR shall be deemed to be the Floor for purposes of the Credit Agreement. “Daily Simple SOFR Loans” means Loans bearing interest based on Daily Simple SOFR. “Debtor Relief Laws” means the Bankruptcy Code of the United States, and all other liquidation, conservatorship, bankruptcy, assignment for the benefit of creditors, moratorium, rearrangement, receivership, insolvency, reorganization, or similar debtor relief Laws of the United States or other applicable jurisdictions from time to time in effect during the term of this Credit Agreement. “Default” means any event or condition that constitutes an Event of Default or that, with the giving of any notice, the passage of time, or both, would be an Event of Default. “Default Rate” means (a) when used with respect to Obligations other than Letter of Credit Fees, an interest rate equal to (i) the Base Rate plus (ii) the highest Applicable Rate applicable to Base Rate Loans plus (iii) 2% per annum; provided, however, that with respect to a Term Rate Loan, the Default Rate shall be an interest rate equal to the interest rate (including the highest Applicable ...

Credit Facility Guaranty has the meaning assigned to such term in the Recitals of this Pledge Agreement;

Examples of Credit Facility Guaranty in a sentence

• The Lenders have been induced to make the Loans to, and the L/C Issuer has been induced to issue Letters of Credit for the account of, Borrower in part based upon the assurances by each Guarantor that each such Guarantor desires that the obligations under this Credit Facility Guaranty be honored and enforced as separate obligations of each Guarantor, should Administrative Agent and Lenders desire to do so.

• The Credit Facility Guaranty in this Article IV is a Guarantee of payment and performance, and not merely of collection, and is a continuing Guarantee, and shall apply to all Guaranteed Obligations whenever arising.

• Upon request by Administrative Agent at any time, Required Lenders will confirm in writing Administrative Agent’s authority to release its interest in particular types or items of property, or to release any Subsidiary Guarantor from its obligations under the Credit Facility Guaranty executed by such Subsidiary Guarantor pursuant to this Section 12.10.

• Prior to the termination of the Commitments and irrevocable payment and satisfaction in full of all Obligations (other than contingent indemnification obligations for which no claim has been made) and the expiration or termination of all Letters of Credit (other than Letters of Credit as to which other arrangements satisfactory to Administrative Agent and the L/C Issuer shall have been made), a Subsidiary Guarantor may only be released from this Credit Facility Guaranty in accordance with Section 5.03(e).

More Definitions of Credit Facility Guaranty

Credit Facility Guaranty means the Guaranty made by each Credit Facility Guarantor in favor of the Administrative Agent and the Lenders, substantially in the form of Exhibit F.

Credit Facility Guaranty means the Second Amended and Restated Guaranty dated as of November __, 1999 between the Company and Bankers Trust Company, as agent.

Credit Facility Guaranty means the unconditional guaranty of the obligations of the Company under the Credit Facility to be entered into jointly and severally by Cascade and ECJV in favor of the Bank.

Credit Facility Guaranty means the Second Amended and Restated Guaranty dated as of November 19, 1999 between the Company and Bankers Trust Company, as agent and the Guaranty dated as of November 19, 1999 between the Company and Bankers Trust Company as agent for the Banks including (i) any guarantees and instruments executed in connection therewith, and in each case as amended, modified, renewed, refunded, replaced or refinanced from time to time, in whole or in part, and (ii) any guarantees and instruments executed in connection with any such amendment, modification, renewal, refunding, replacement or refinancing