Common use of Amendments, Guaranty Supplements, Etc Clause in Contracts

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders, (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations owing to the Lenders under or in respect of the Loan Documents except as provided in the next succeeding sentence or (b) change the number of Lenders or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 4 contracts

Samples: Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America)

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Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent and the Required LendersHolders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders, Noteholders (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Guaranteed Obligations owing to the Lenders Noteholders under or in respect of the Loan Documents except as provided in the next succeeding sentence Note Documents, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Noteholders or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit Notes that, in each case, shall be required for the Lenders Noteholders or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 3 contracts

Samples: Note Purchase Agreement (Alliance Holdings GP, L.P.), Note Purchase Agreement (Alliance Resource Partners Lp), Subsidiary Guaranty Agreement (Alliance Resource Partners Lp)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent Collateral Agent, the Required Lenders and the Required Lenders, Guarantors and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersSecured Parties (other than any Lender that is, at such time, a Defaulting Lender), (ai) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations First Lien Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (ii) postpone any date fixed for payment hereunder or (biii) change the number any provision of Lenders this Section 8. Upon a Guarantor becoming an Excluded Subsidiary, or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit thatceasing to be a Restricted Subsidiary, in each case, shall be required for the Lenders or any of them to take any action hereunder. Upon the sale, liquidation or dissolution case as a result of a Guarantor to the extent transaction permitted in accordance with the terms of under the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 3 contracts

Samples: Intellectual Property Security Agreement (EWT Holdings I Corp.), First Lien Credit Agreement (EWT Holdings I Corp.), Intellectual Property Security Agreement (GMS Inc.)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required LendersLenders (except as otherwise provided in the Credit Agreement), and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersSecured Parties (other than any Lender that is, at such time, a Defaulting Lender), (ai) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (ii) postpone any date fixed for payment hereunder or (biii) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution any Guarantor ceasing to be a Subsidiary as a result of a Guarantor to transaction not prohibited under the extent permitted in accordance with the terms of the Loan DocumentsCredit Agreement, such Guarantor shall be automatically released from this GuarantyGuaranty in accordance with Section 9.11(b) of the Credit Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Alliant Techsystems Inc)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersLenders (other than any Lender that is, at such time, a Defaulting Lender), (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s 's liability with respect to the obligations Obligations owing to the Lenders under or in respect of the Loan Documents except as provided in the next succeeding sentence Documents, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders or the percentage of (x) the Commitments, (y) Aggregate Commitments or of the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be and L/C Obligations which is required for the Lenders or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Littelfuse Inc /De), Assignment and Assumption Agreement (Littelfuse Inc /De)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; providedPROVIDED, howeverHOWEVER, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders, Secured Parties (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s 's liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans Advances or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (International Rectifier Corp /De/), Credit Agreement (International Rectifier Corp /De/)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any the Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersSecured Parties (other than any Lender that is, at such time, a Defaulting Lender), (a) reduce or limit the obligations of any the Guarantor hereunder, release any the Guarantor hereunder or otherwise limit any the Guarantor’s liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 2 contracts

Samples: Guaranty (Sensata Technologies Holland, B.V.), Sensata Technologies B.V.

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any the Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent Required Lenders and the Required LendersGuarantor and acknowledged by the Administrative Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders, (a) reduce or limit the obligations of any the Guarantor hereunder, release any the Guarantor hereunder or otherwise limit any the Guarantor’s 's liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence Documents, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Effective Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Del Monte Foods Co

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent Required Lenders and each of the Required LendersGuarantors and acknowledged by the Administrative Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders, (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s 's liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence Documents, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Outstanding Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Subsidiary Guaranty (Del Monte Foods Co)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersSecured Parties (other than any Lender Party that is, at such time, a Defaulting Lender), (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence Documents, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (TLC Vision Corp)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersSecured Parties (other than any Lender that is, at such time, a Defaulting Lender), (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s 's liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans Advances or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon Notwithstanding the saleforegoing, liquidation or dissolution upon the sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Subsidiary Guaranty (McDermott International Inc)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersLender Parties (other than any Lender Party that is, at such time, a Defaulting Lender), (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations owing to the Lenders Lender Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence Documents, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Lender Parties or the percentage of (x) the Commitments, Commitments or (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit Advances that, in each case, shall be required for the Lenders Lender Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Symantec Corp)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, howeverPROVIDED, HOWEVER, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders, Secured Parties (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s 's liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans Advances or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersLenders (other than a Lender that is, at such time, a Defaulting Lender), (ai) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence or Documents, (bii) postpone any date fixed for payment hereunder, (iii) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunderhereunder or (iv) release all or substantially all of the Collateral in any transaction or series of related transactions. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Guaranty (Geokinetics Inc)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent Administrative Agent, the Required Lenders and the Required Lenders, Guarantors and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersSecured Parties (other than any Lender that is, at such time, a Defaulting Lender), (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s 's liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence or sentence, (b) change the number of Lenders or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans postpone any date fixed for payment hereunder or (zc) the aggregate Available Amount change any provision of outstanding Letters of Credit that, in each case, shall be required for the Lenders or any of them to take any action hereunderthis Section 8. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Minnesota Products Inc)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersLenders (other than any Lender that is, at such time, a Defaulting Lender), (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders under or in respect of the Loan Documents except as provided in the next succeeding sentence Documents, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders or the percentage of (x) the Commitments, (y) Aggregate Commitments or of the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be and L/C Obligations which is required for the Lenders or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Littelfuse Inc /De)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders (or by the Administrative Agent with the consent of the Required Lenders) and, in the case of an amendment, the Guarantors, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by the Administrative Agent and all of the LendersLenders (other than any Lender that is, (a) reduce or limit at such time, a Defaulting Lender), subject to the obligations of any Guarantor hereundernext succeeding sentence, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided Documents, if such release or limitation is in the next succeeding sentence respect of all or (b) change the number of Lenders or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount substantially all of the Loans value of this Guaranty, or (z) make any other change that is of the aggregate Available Amount type that requires the consent of outstanding Letters of all Lenders under the Credit that, in each case, shall be required for the Lenders or any of them to take any action hereunderAgreement. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan DocumentsDocuments and Secured Cash Management Agreements, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Guaranty (Chemtura CORP)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent and the Required LendersAdministrative Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersGuaranteed Noteholder Parties, (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders Guaranteed Noteholder Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Guaranteed Noteholder Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, Advances that shall be required for the Lenders Guaranteed Noteholder Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Subsidiary Guaranty (Aegis Communications Group Inc)

Amendments, Guaranty Supplements, Etc. (a) No Except for any Guaranty Supplement delivered pursuant to Section 8(b) or as otherwise provided in Section 8(c), no amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersAdministrative Agent and the Lenders (other than any Lender that is, at such time, a Defaulting Lender), (ai) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Guaranteed Obligations owing to the Administrative Agent and the Lenders under or in respect of the Loan Documents except as provided in the next succeeding sentence Documents, (ii) postpone any date fixed for payment hereunder or (biii) change the number of Lenders or the percentage of (xA) the Commitments, (yB) the aggregate unpaid principal amount of the Loans Advances, or (zC) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Administrative Agent and the Lenders or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Alliance Resource Partners Lp)

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Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders (or by the Administrative Agent with the consent of the Required Lenders) and, in the case of an amendment, the Guarantors, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by the Administrative Agent and all of the LendersLenders (other than any Lender that is, (a) reduce or limit at such time, a Defaulting Lender), subject to the obligations of any Guarantor hereundernext succeeding sentence, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided Documents, if such release or limitation is in the next succeeding sentence respect of all or (b) change the number of Lenders or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount substantially all of the Loans value of this Guaranty, or (z) make any other change that is of the aggregate Available Amount type that requires the consent of outstanding Letters of all Lenders under the Credit that, in each case, shall be required for the Lenders or any of them to take any action hereunderAgreement. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, Secured Hedge Agreements, Secured Cash Management Agreements and Secured Specified Credit Agreements, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Guaranty (Chemtura CORP)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent Collateral Agent, the Required Lenders and the Required Lenders, Guarantors and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersSecured Parties (other than any Lender that is, at such time, a Defaulting Lender), (ai) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations ABL Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (ii) postpone any date fixed for payment hereunder or (biii) change the number any provision of Lenders this Section 8. Upon a Guarantor becoming an Excluded Subsidiary, or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit thatceasing to be a Restricted Subsidiary, in each case, shall be required for the Lenders or any of them to take any action hereunder. Upon the sale, liquidation or dissolution case as a result of a Guarantor to the extent transaction permitted in accordance with the terms of under the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (GMS Inc.)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent and the Required LendersAdministrative Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersGuaranteed Noteholder Parties, (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s 's liability with respect to the obligations Obligations owing to the Lenders Guaranteed Noteholder Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Guaranteed Noteholder Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, Advances that shall be required for the Lenders Guaranteed Noteholder Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Aegis Communications Group Inc

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; , provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders, Secured Parties (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans Advances or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Security Agreement (International Rectifier Corp /De/)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders, Secured Parties (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans Advances or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Security Agreement (International Rectifier Corp /De/)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent and the Required LendersAgent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersLenders (other than any Lender that is, at such time, a Defaulting Lender), (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders under or in respect of the Loan Documents except as provided in the next succeeding sentence Documents, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders or the percentage of (x) the Commitments, (y) Aggregate Commitments or of the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be and L/C Obligations which is required for the Lenders or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Littelfuse Inc /De)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required LendersLenders (except as otherwise provided in the Credit Agreement), and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersSecured Parties (other than any Lender that is, at such time, a Defaulting Lender), (ai) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations Obligations owing to the Lenders Secured Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (ii) postpone any date fixed for payment hereunder or (biii) change the number of Lenders Secured Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Secured Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution any Guarantor ceasing to be a Subsidiary as a result of a Guarantor to transaction not prohibited under the extent permitted in accordance with the terms of the Loan DocumentsCredit Agreement, such Guarantor shall be automatically released from this GuarantyGuaranty in accordance with Section 9.11(b) of the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Alliant Techsystems Inc)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersGuaranteed Parties, (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations owing to the Lenders Guaranteed Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (b) postpone any date fixed for payment hereunder or (bc) change the number of Lenders Guaranteed Parties or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans Advances or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders Guaranteed Parties or any of them to take any action hereunder. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Sealed Air Corp/De)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders, (a) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s liability with respect to the obligations owing to the Lenders under or in respect of the Loan Documents except as provided in the next succeeding sentence or (b) change the number of Lenders or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans Advances or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders or any of them to take any action hereunder. Upon the sale, liquidation or dissolution of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Packaging Corp of America)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any US Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the US Administrative Agent and the Required Lenders (or by the US Administrative Agent with the consent of the Required Lenders) and, in the case of an amendment, the US Guarantors, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by the US Administrative Agent and all of the LendersLenders (other than any Lender that is, (a) reduce or limit at such time, a Defaulting Lender), subject to the obligations of any Guarantor hereundernext succeeding sentence, release any US Guarantor hereunder or otherwise limit any US Guarantor’s liability with respect to the obligations Obligations owing to the Lenders US Secured Parties under or in respect of the Loan Documents except as provided Documents, if such release or limitation is in the next succeeding sentence respect of all or (b) change the number substantially all of Lenders or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount value of the Loans Guarantees to the Lender Parties, or (z) make any other change that is of the aggregate Available Amount type that requires the consent of outstanding Letters all Lenders under Section 10.01 of the Credit that, in each case, shall be required for the Lenders or any of them to take any action hereunderAgreement. Upon the sale, liquidation or dissolution sale of a US Guarantor to the extent permitted in accordance with the terms of the Loan DocumentsDocuments and US Secured Cash Management Agreements, such US Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Guaranty (Chemtura CORP)

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent Administrative Agent, the Required Lenders and the Required Lenders, Guarantors and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the LendersLender Parties (other than any Lender that is, at such time, a Defaulting Lender), (ai) reduce or limit the obligations of any Guarantor hereunder, release any Guarantor hereunder or otherwise limit any Guarantor’s 's liability with respect to the obligations Obligations owing to the Lenders Lender Parties under or in respect of the Loan Documents except as provided in the next succeeding sentence sentence, (ii) postpone any date fixed for payment hereunder or (biii) change the number any provision of Lenders or the percentage of (x) the Commitments, (y) the aggregate unpaid principal amount of the Loans or (z) the aggregate Available Amount of outstanding Letters of Credit that, in each case, shall be required for the Lenders or any of them to take any action hereunderthis Section 8. Upon the sale, liquidation or dissolution sale of a Guarantor to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty.

Appears in 1 contract

Samples: Assumption Agreement (Minnesota Products Inc)

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