Bank Parties. Guarantor irrevocably ---------------------- and unconditionally guarantees as primary obligor and not merely as surety to the Bank Parties the full and prompt payment when due (whether by acceleration or otherwise) of the principal of and interest on all obligations (including obligations which, but for the automatic stay under Section 362(a) of the Bankruptcy Code (as defined in the Credit Agreement), would become due) to the Bank Parties under the Credit Agreement, including without limitation all of the Obligations (as defined in the Credit Agreement), together with all other liabilities and obligations of the Company (including, without limitation, indemnities, fees, costs, expenses and interest thereon) to the Bank Parties incurred or to be incurred under the Credit Agreement or any other Loan Document (as defined in the Credit Agreement) (the "BANK GUARANTEED OBLIGATIONS"). Subject to the preceding sentence, Guarantor understands, agrees and confirms that the Bank Parties may enforce this Guaranty up to the full amount of the Bank Guaranteed Obligations against it without proceeding against the Company, against any security for the Bank Guaranteed Obligations, against any other guarantor or any other individual, partnership, corporation (including a business trust), joint stock company, trust, unincorporated association, joint venture or other entity, or a government or any political subdivision or agency thereof (hereinafter referred to as "PERSON") or under any other guaranty covering all or any portion of the Obligations (as defined in the Credit Agreement) or the Bank Guaranteed Obligations.
Bank Parties. During the period from the date of this Agreement to the Effective Time, each Bank Party will cause one or more of its representatives to confer with representatives of Target and report the general status of its ongoing operations at such times as Target may reasonably request and as such operations could affect the consummation of the transactions contemplated hereby. To the extent that such could affect the consummation of the transactions contemplated hereby, each Bank Party will promptly notify Target of any material change in the normal course of its business or in the operation of its properties and, to the extent permitted by applicable law, of any governmental complaints, investigations or hearings (or communications indicating that the same may be contemplated), or the institution or the threat of material litigation involving it, and each Bank Party will also provide Target such information with respect to such events as Target may reasonably request from time to time.
Bank Parties. Borrower, Pledgor and Guarantor each agree, to the extent permitted by applicable law, to indemnify and hold harmless Bank, its officers, directors, employees, agents, controlling persons, and affiliates (collectively, the “Bank Parties”) against, and defend the Bank Parties from, all claims, damages, judgments, penalties, costs, expenses, reasonable attorney’s fees and court costs (collectively, “Claims”) that directly or indirectly arise from any of the following: · Any filing or registration fees, taxes or similar costs imposed on Bank Parties with respect to this Agreement, the LMA, or any Advance. · Any actions or failure to act by Borrower, Guarantor, Pledgor, or any predecessor or successor to such person, or any third party with whom such person has a contractual relationship. · The performance by any of the Bank Parties under this Agreement, except if those Claims are caused by the Bank Parties’ gross negligence or willful misconduct. · Any breach of this Agreement by Borrower, Guarantor, or Pledgor.
Bank Parties. Each Loan Party agrees, to the extent permitted by applicable law, to indemnify and hold harmless Bank, its officers, directors, employees, agents, controlling persons, and affiliates (collectively, the “Bank Parties”) against, and defend the Bank Parties from, all claims, damages, judgments, penalties, costs, expenses, reasonable attorney’s fees and court costs (collectively, “Claims”) that directly or indirectly arise from any of the following: • Any filing or registration fees, taxes or similar costs imposed on Bank Parties with respect to this Agreement, the LMA, or any Advance. • Any actions or failure to act by any Loan Party, or any predecessor or successor to such person, or any third party with whom such person has a contractual relationship. • The performance by any of the Bank Parties under this Agreement, except if those Claims are caused by the Bank Parties’ gross negligence or willful misconduct. • Any breach of this Agreement by any Loan Party.
Bank Parties. The term "Bank Parties" shall mean Agent and all Lenders. "Bank Party" means any one of the Bank Parties.
