Examples of Surety Agreements in a sentence
Amend, modify or otherwise alter (or suffer to be amended, modified or altered) the Subordinated Debt Documents, the Acquisition Documents or the Surety Agreements except as permitted in the applicable Subordinated Debt Documents and Subordination Agreements, or if no such restrictions exist in the applicable Subordinated Debt Documents or Subordination Agreements, without the prior written consent of the Agent.
The U.S. Guarantors and the European Subsidiaries hereby acknowledge and agree that the term 'Obligations,' as defined in their respective Borrower Surety Agreements and the Selas SAS Surety Agreements includes, without limitation, all of the obligations, now or hereafter arising, of Borrower to the Bank, whether under the Credit Agreement, the other Loan Documents, as amended, or otherwise.
Further, any Claims arising from or relating to the Surety Agreements entered into prior the Commencement Date shall be deemed to be unimpaired by this Plan.
In consideration of the undertakings of the Bank pursuant to this Second Waiver Agreement and the other Loan Documents, the Borrower, each U.S. Guarantor and each European Subsidiary hereby reaffirm the Borrower Surety Agreements, the Selas SAS Surety Agreements, the other Loan Documents and all of their respective obligations thereunder.
The Borrower, each U.S. Guarantor and each European Subsidiary hereby acknowledge and agree that the Borrower Surety Agreements and the Selas SAS Surety Agreements, and any other suretyship agreements executed by them in favor of the Bank or its affiliates, are ratified, reaffirmed and confirmed in all respects, shall continue in full force and effect, and are valid, binding and enforceable against the parties thereto as if executed as of the date hereof.
The Surety Agreements and the DIP Facility are further described below.
As of and subject to the occurrence of the Effective Date, the Reorganized Debtors shall assume the Surety Agreements to the extent they are executory contracts, and if any Surety Agreement is not subject to assumption pursuant to section 365 of the Bankruptcy Code, such Surety Agreement shall vest in the Reorganized Debtors on the Effective Date.
The Borrower, each U.S. Guarantor and each European Subsidiary hereby waive any right it may have to contest the validity or enforceability of the Borrower Surety Agreements, Selas SAS Surety Agreements, the Selas SAS Guaranty, the CFR Guaranty or any other Loan Document, for any reason whatsoever.
The Guarantors hereby acknowledge and agree that the term Obligations, as defined in their respective Borrower Surety Agreements includes, without limitation, all of the obligations, now or hereafter arising, of Borrower to the Bank, whether under the Credit Agreement, the other Loan Documents, as amended, or otherwise.
The Debtors obtained authority from the Bankruptcy Court to enter into and receive funding under (i) the Surety Agreements and (ii) the DIP Facility, and to use cash collateral and grant adequate protection in respect of such postpetition financing arrangements.