Loan Party Guarantee definition

Loan Party Guarantee means, collectively, the Guarantee made by the Guarantors under Article X in favor of the Secured Parties, together with each other guaranty delivered pursuant to Section 6.13.

Loan Party Guarantee means a guarantee of the Obligations executed and delivered by a Loan Party in form and substance satisfactory to the Lender.

Loan Party Guarantee as defined in Section 6.2(b)(xxix).

Examples of Loan Party Guarantee in a sentence

• This Loan Party Guarantee is a continuing and irrevocable guaranty of all Secured Obligations now or hereafter existing and shall remain in full force and effect until the Facility Termination Date.

• No Guarantor shall exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Loan Party Guarantee until all of the Secured Obligations and any amounts payable under this Loan Party Guarantee have been indefeasibly paid and performed in full and the Commitments and the Facility are terminated.

• Each Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Secured Obligations, and all notices of acceptance of this Loan Party Guarantee or of the existence, creation or incurrence of new or additional Secured Obligations.

• Each Loan Party (a “Subordinating Loan Party”) hereby subordinates the payment of all obligations and indebtedness of any other Loan Party owing to it, whether now existing or hereafter arising, including but not limited to any obligation of any such other Loan Party to the Subordinating Loan Party as subrogee of the Secured Parties or resulting from such Subordinating Loan Party’s performance under this Loan Party Guarantee, to the indefeasible payment in full in cash of all Obligations.

• Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of such Guarantor under this Loan Party Guarantee or which, but for this provision, might operate as a discharge of such Guarantor.

• The obligations of each Guarantor under this paragraph shall survive termination of this Loan Party Guarantee.

• Upon request by the Collateral Agent at any time, the Required Lenders will confirm in writing the Collateral Agent’s authority to release or subordinate its interest in particular types or items of property, or to release any Guarantor from its obligations under the Loan Party Guarantee pursuant to this Section 9.10.

• The obligations of each Guarantor hereunder are those of primary obligor, and not merely as surety, and are independent of the Secured Obligations and the obligations of any other guarantor, and a separate action may be brought against each Guarantor to enforce this Loan Party Guarantee whether or not the Borrowers or any other person or entity is joined as a party.

• The obligations of each Guarantor hereunder are those of primary obligor, and not merely as surety, and are independent of the Secured Obligations and the obligations of any other guarantor, and a separate action may be brought against each Guarantor to enforce this Loan Party Guarantee whether or not the Borrower or any other person or entity is joined as a party.

• Effective as of the date hereof, the New Guarantor shall become a Guarantor for the purposes of the Loan Party Guarantee as fully as if it had been an original signatory thereunder, and shall have all of the obligations of a Guarantor, jointly and severally with all other Guarantors, under the Loan Party Guarantee.

More Definitions of Loan Party Guarantee

Loan Party Guarantee means the loan party guarantee dated as of November 17, 2010, as amended or supplemented from time to time, provided by the Loan Parties in favour of the Agent on behalf of the Lenders with respect to the payment and performance of the Secured Obligations;

Loan Party Guarantee means a guarantee substantially in the form attached as Schedule K provided by the Designated Subsidiaries to and for the benefit of the Agent and the Lenders, as amended from time to time, including, where applicable, any addition agreement substantially in the form attached as a schedule to such guarantee whereby a Designated Subsidiary agrees to be bound by such guarantee;

Loan Party Guarantee means the unlimited liability loan party guarantee made as of August 29, 2019 executed by each of the Loan Parties in existence on the date hereof in favour of the Administrative Agent, for the benefit of the Secured Parties, guaranteeing the Secured Obligations of each other Loan Party, as amended or supplemented from time to time pursuant to one or more joinder agreements;

Loan Party Guarantee means a guarantee executed and delivered by each of the Guarantors, as required under this Agreement, substantially in the form or to the effect of Schedule 1.1.2, as amended, restated, supplemented or otherwise modified from time to time;

Loan Party Guarantee means, collectively, the Guarantee made by the Guarantors under Article X in favor of the Secured Parties, together with each other guaranty delivered pursuant to Section 6.13. “Margin Reference Date” means the Third Amendment Effective Date; provided, that if the Facility is increased one or more times pursuant to Section 2.15, then from and after each applicable Revolving Increase Effective Date, the Margin Reference Date shall mean the most recent Revolving Increase Effective Date. “Master Agreement” has the meaning set forth in the definition of “Swap Contract.” “Material Adverse Effect” means (a) a material adverse change in, or a material adverse effect upon, the operations, business, properties, liabilities (actual or contingent), financial condition of the Loan Parties taken as a whole; (b) a material impairment of the rights and remedies of the Administrative Agent or any Lender under any Loan Document, or of the ability of any Loan Party to perform its obligations under any Loan Document to which it is a party; (c) a material adverse effect upon the legality, validity, binding effect or enforceability against any Loan Party of any Loan Document to which it is a party; or (d) a material adverse effect on the Collateral or the Liens in favor of the Collateral Agent (for its benefit and for the benefit of the other Secured Parties) on the Collateral or the priority of such Liens, in each case of this clause (d), when taken as a whole. “Material Contract” means, with respect to any Loan Party, each contract or agreement to which such Person would be required to disclose pursuant to reporting obligations under the Exchange Act if such person were subject to the Exchange Act, even if such Person is not currently subject to the Exchange Act. “Maturity Date” means November 1, 2025; provided, however, that if (x) the Borrower is in compliance with Section 7.11(c) as of September 30, 2024 and (y) the amount on deposit in the Convertible Debt Reserve Account as of September 30, 2024 equals or exceeds the amount necessary to fully pay at scheduled maturity the principal of all of the Existing Convertible Notes that remain outstanding as of September 30, 2024, then, unless the Borrower elects otherwise in a written notice delivered to the Administrative Agent on or prior to September 29, 2024, the Maturity Date shall, as of September 30, 2024, be automatically extended to March 1, 2027. “Measurement Period” means, as of the last day of any fiscal quarter of S...