Examples of Guarantee Parties in a sentence
If a Debtor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Guarantee Parties by the Debtors under or in connection with the Guarantee Agreements to be repaid in full on trust for the Guarantee Parties.
Commencing January 1, 1999, Purchaser shall pay MascoTech a fee equal to the lesser of (i) one-half of one percent (1/2%) per annum, payable annually in arrears, on the discounted present value (using a 12% discount rate) of the aggregate amount of Guaranteed Obligations that remain guaranteed from time to time by the Guarantee Parties measured as of the first day of July in each such year, and (ii) the sum of $50,000.
In no event, however, will Purchaser and its Subsidiaries expand upon or prolong any of the Guarantee Parties' obligations and liabilities by extending, renewing, or failing to exercise early termination rights which are unilaterally exercisable without the payment of significant penalties, with respect to any Guaranteed Obligation.
As soon as practicable after the January 1, 1999, Purchaser shall use its commercially reasonable efforts to obtain the release of the Sellers and their remaining Subsidiaries, as applicable, (collectively, the "Guarantee Parties"), from all obligations and liabilities under all Real Property Leases and Personal Property Leases relating to the Business guaranteed by any of the Sellers or their remaining Subsidiaries (collectively, the "Guaranteed Obligations").
Prior to the Closing, the Purchaser shall use its Commercially Reasonable Efforts to cause the EME Guarantee Parties to be released as guarantors under the EME Guarantees and if the Purchaser is unsuccessful in causing the EME Guarantee Parties to be released as guarantors under the EME Guarantees, then the Purchaser shall indemnify each EME Guarantee Party in respect of any liability which it may suffer under the EME Guarantees after the Closing Date.
Each Guarantor acknowledges that the Guarantee Parties are relying on such representations and warranties notwithstanding any investigation made by or on behalf of either the Collateral Agent or the other Guaranteed Parties at any time.
The laws of the State of Delaware shall govern the validity of this Guarantee, the construction of its terms, and the interpretation of the rights, obligations and duties of the Guarantee Parties hereunder, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.
The Guarantee Parties are not under any obligation to marshal or appropriate in favour of the Guarantor Parties or to exercise, apply, perfect or recover any Encumbrance that the Guarantee Parties hold at any time or any funds or property that the Guarantee Parties may be entitled to receive or have a claim on.
Each Guarantor Party must indemnify the Guarantee Parties against, and must pay the Guarantee Parties on demand the amount of, all losses, liabilities, expenses and Taxes incurred in connection with the administration, and any actual or attempted preservation or enforcement, of any rights under this document.
This Guarantee is in addition to and shall not prejudice or be prejudiced by any other guarantee, indemnity or other security or right against any third party which any of the Neschen Guarantee Parties may have for the due performance of the obligations concerned.