GUARANTY; DEFINITIONS. In consideration of any lease, Master Lease Agreement, Equipment Schedule, credit or other financial accommodation, whether accompanying this Guaranty or made separately, now or hereafter extended or made to STABILIS ENERGY SERVICES, LLC (“Debtor”), or any of them, by M/G Finance Company, Ltd. (“Creditor”), and for other valuable consideration, the undersigned XXXXX XXXXXXXX (“Guarantor”), unconditionally guarantees to Creditor the full and prompt payment and performance when due of any and all Indebtedness, liabilities, debts and other duties of the Debtor to Creditor now existing or later incurred, matured or unmatured, direct or contingent, and any renewals, extensions and substitutions of the same. Guarantor represents and warrants that he/she/it has a direct financial interest in Debtor and that Guarantor will either directly or indirectly benefit from the extension of credit or other financial accommodation made to Debtor. The term “Indebtedness” is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Debtor, or any of them heretofore, now or hereafter made, incurred or created, whether direct, indirect or contingent, voluntary or involuntary and however arising, whether due or to become due, absolute or contingent, liquidated or unliquidated, determined or undetermined, including under any loan agreement, note, lease, sale, security agreement, swap, derivative, foreign exchange, hedge, deposit, treasury management or other similar transaction or arrangement, and all modifications, extensions and renewals thereof, and whether Debtor may be liable individually or jointly with others, or whether recovery upon such Indebtedness may be or hereafter become unenforceable. This Guaranty is a guaranty of payment and not collection, and the obligations of Guarantor hereunder are independent of any obligations of Debtor under any instrument giving rise to Debtor’s Indebtedness to Creditor.
GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to DVD EXPRESS, INC. ("Borrowers"), or any of them, by XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Bank"), and for other valuable consideration, the undersigned XXXXXXX X. XXXXXXX ("Guarantor"), jointly and severally unconditionally guarantees and promises to pay to Bank, or order, on demand in lawful money of the United States of America and in immediately available funds, any and all indebtedness of any of the Borrowers to Bank. The term "Indebtedness" is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrowers, or any of them, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Borrowers may be liable individually or jointly with others, and whether recovery upon such Indebtedness may be or hereafter becomes unenforceable.
GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to XXXXXX INTERNATIONAL, INC., a Delaware corporation ("Borrower"), by XXXXX FARGO BANK, NATIONAL ASSOCIATION, for itself and as agent for one or more Lenders ("Bank"), and for other valuable consideration, the undersigned XXXXXX STEEL COMPANY, a Delaware corporation ("Guarantor"), jointly and severally unconditionally guarantees and promises to pay to Bank, or order, on demand in lawful money of the United States of America and in immediately available funds, any and all Indebtedness of Borrower to Bank. The term "Indebtedness" is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrower, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Borrower may be liable individually or jointly with others, or whether recovery upon such Indebtedness may be or hereafter becomes unenforceable. The term "Lenders" means those Lenders listed from time to time in that Credit Agreement dated as of June 30, 1998 between Guarantor as predecessor in interest to Borrower and Bank as Administrative Agent for the Lenders and as Arranger, Issuing Bank and Swing Line Lender.
GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to EnviroStar, Inc., a Delaware corporation ("Borrower"), by XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Bank"), and for other valuable consideration, the undersigned Xxxxxxx-Atlantic Corp., a Florida corporation ("Guarantor"), jointly and severally unconditionally guarantees and promises to pay to Bank, on demand after the occurrence and during the continuance of an Event of Default (as such term is defined in the Credit Agreement of even date herewith between Borrower and Bank, the “Credit Agreement”) demand in lawful money of the United States of America and in immediately available funds, any and all Indebtedness of any of the Borrower to Bank, all without relief from valuation and appraisement laws as applicable. The term "Indebtedness" is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrower, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, including under any swap, derivative, foreign exchange, hedge, deposit, treasury management or other similar transaction or arrangement, and whether the Borrower may be liable individually or jointly with others, or whether recovery upon such Indebtedness may be or hereafter becomes unenforceable. This Guaranty is a guaranty of payment and not collection. Guarantor’s obligations under this Guaranty are secured by that certain Security Agreement dated of even date herewith from Borrower, Guarantor and certain other entities in favor of Bank.
GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to any of the direct or indirect subsidiaries of Guarantor, whether now existing or hereafter formed (including without limitation Insurance Overload Services, Inc., Corporate Resource Development Inc., Diamond Staffing Services, Inc. and TS Staffing Services, Inc.), or any of their successors or assigns (each, an “Obligor” and together, “Obligors”) by WFBC, and for other valuable consideration, Guarantor, jointly and severally, unconditionally guarantees and promises to pay to WFBC, or order, on demand in lawful money of the United States of America and in immediately available funds, any and all Obligations. Capitalized terms used in this Guaranty which are defined in the Recitals hereto shall have the same meanings as defined therein, unless otherwise defined herein. As used herein, (a) “Person” means any individual, corporation, partnership, joint venture, limited liability company, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a governmental entity and (b) “LIBOR” shall have the meaning set forth in paragraph 10 below. The term “Obligations” is used in its most comprehensive sense and means any and all debts, obligations and liabilities of each Obligor to WFBC, whether incurred in the past, present or future, whether voluntary or involuntary, and however arising, and whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such Obligor may be liable individually or jointly or jointly and severally with others, or whether recovery upon such Obligations may subsequently become unenforceable. This Guaranty is a guaranty of payment and not collection.
GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to PHYSICIANS FORMULA, INC., a New York corporation (the “Company”) by XXXXX FARGO BANK, NATIONAL ASSOCIATION (“Xxxxx Fargo”) pursuant to that certain Credit and Security Agreement dated as of even date herewith by and between the Company and Xxxxx Fargo (the “Credit Agreement”), and for other valuable consideration, the undersigned PHYSICIANS FORMULA DRTV, LLC, a Delaware limited liability company (“Guarantor”), jointly and severally unconditionally guarantees and promises to pay to Xxxxx Fargo, or order, on demand in lawful money of the United States of America and in immediately available funds, any and all Indebtedness. The term “Indebtedness” is used in its most comprehensive sense and means any debts, obligations and liabilities of Company to Xxxxx Fargo, whether incurred in the past, present or future, whether voluntary or involuntary, and however arising, and whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and including without limitation all obligations arising under any Rate Hedge Agreement, derivative, foreign exchange, hedge, deposit, treasury management or similar transaction or arrangement however described or defined that Company may enter into at any time with Xxxxx Fargo or with Xxxxx Fargo Merchant Services, L.L.C., whether or not Company may be liable individually or jointly with others, or whether recovery upon such Indebtedness may subsequently become unenforceable. This Guaranty is a guaranty of payment and not collection. Capitalized terms used but not otherwise defined herein shall have the meanings accorded them in the Credit Agreement.
GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to CORPORATE RESOURCE SERVICES, INC., any of its direct or indirect subsidiaries, whether now existing or hereafter formed, or any of their successors or assigns (each, an “Obligor” and together, “Obligors”) by XXXXX FARGO BANK, NATIONAL ASSOCIATION (together with all its participants, successors and assigns, “WFBC”), and for other valuable consideration, the undersigned TS STAFFING SERVICES, INC., a Texas corporation (“Guarantor”), jointly and severally, unconditionally guarantees and promises to pay to WFBC, or order, on demand in lawful money of the United States of America and in immediately available funds, any and all Obligations. As used herein, (a) “Person” means any individual, corporation, partnership, joint venture, limited liability company, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a governmental entity and (b) “LIBOR” shall have the meaning set forth in paragraph 11 below. The term “Obligations” is used in its most comprehensive sense and means any and all debts, obligations and liabilities of each Obligor to WFBC, whether incurred in the past, present or future, whether voluntary or involuntary, and however arising, and whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such Obligor may be liable individually or jointly or jointly and severally with others, or whether recovery upon such Obligations may subsequently become unenforceable. This Guaranty is a guaranty of payment and not collection.
GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to BLONDER TONGUE LABORATORIES, INC., a Delaware corporation (together with its successors and permitted assigns, “Parent”), (the “Borrower”) by MIDCAP BUSINESS CREDIT LLC ("MidCap"), and for other valuable consideration, each of the undersigned, being BLONDER TONGUE FAR EAST, LLC, a Delaware limited liability company and X. X. XXXXX HOLDINGS, LLC, a Delaware limited liability company, each having an address of c/o Blonder Tongue Laboratories, Inc., One Xxxx Xxxxx Xxxx, Xxx Xxxxxx, XX 00000 (each a "Guarantor"), unconditionally jointly and severally guarantees and promises to pay to MidCap, or order, on demand in lawful money of the United States of America and in immediately available funds, any and all Indebtedness. The term "Indebtedness" is used in its most comprehensive sense and means any debts, obligations and liabilities of Borrower to MidCap, including, without limitation, the “Obligations” as defined in that certain Loan and Security Agreement (All Assets), by and between the Borrower, Guarantor and MidCap, dated as of the date hereof (as amended or modified from time to time, the “Loan Agreement”; capitalized terms used herein but not otherwise defined shall have the meanings ascribed thereto in the Loan Agreement), whether incurred in the past, present or future, whether voluntary or involuntary, and however arising, and whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and including without limitation all obligations arising under any swap, derivative, foreign exchange, hedge, deposit, treasury management or similar transaction or arrangement however described or defined that Borrower may enter into at any time with MidCap, whether or not Borrower may be liable individually or jointly with others, or whether recovery upon such Indebtedness may subsequently become unenforceable. This Guaranty is a guaranty of payment and not collection.
GUARANTY; DEFINITIONS. In consideration of the credit or other financial accommodation described herein and extended or made to AUTO-GRAPHICS, INC. (Borrowers), or any of them, by XXXXX FARGO BANK, NATIONAL ASSOCIATION (Bank), and for other valuable consideration, the undersigned XXXXXX X. XXXX (Guarantor), jointly and severally unconditionally guarantees and promises to pay to Bank or order, on demand in lawful money of the United States of America and in immediately available funds, any and all Indebtedness of any of the Borrowers to Bank. The term Indebtedness is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrowers, or any of them, heretofore. now or hereafter made, incurred or created. whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Borrowers may be liable individually or jointly with others, or whether recovery upon such Indebtedness may be or hereafter becomes unenforceable.
GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to MGPI HOLDINGS, INC., a Kansas corporation, subsequently to be known as MGP INGREDIENTS, INC., ("Borrowers"), or any of them, by XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Bank"), and for other valuable consideration, the undersigned MGP INGREDIENTS, INC., a Kansas corporation, subsequently to be known as MGPI PROCESSING, INC. (the "Guarantor"), jointly and severally unconditionally guarantees and promises to pay to Bank, or order, on demand in lawful money of the United States of America and in immediately available funds, any and all Indebtedness of any of the Borrowers to Bank. The term "Indebtedness" is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrowers, or any of them, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, including under any swap, derivative, foreign exchange, hedge, deposit, treasury management or other similar transaction or arrangement, and whether any of the Borrowers may be liable individually or jointly with others, or whether recovery upon such Indebtedness may be or hereafter becomes unenforceable. This Guaranty is a guaranty of payment and not collection.
