Canadian Guarantors. Each of the Canadian Guarantors hereby jointly and severally guarantees to each Canadian Lender, each Affiliate of a Canadian Lender that enters into a Hedging Agreement with a Canadian Borrower, the Agents and the Collateral Agent as hereinafter provided, as primary obligor and not as surety, the prompt payment of the Canadian Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration, as a mandatory cash collateralization or otherwise) strictly in accordance with the terms thereof. The Canadian Guarantors hereby further agree that if any of the Canadian Obligations are not paid in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration, as a mandatory cash collateralization or otherwise), the Canadian Guarantors will, jointly and severally, promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Canadian Obligations, the same will be promptly paid in full when due (whether at extended maturity, as a mandatory prepayment, by acceleration, as a mandatory cash collateralization or otherwise) in accordance with the terms of such extension or renewal. Notwithstanding any provision to the contrary contained herein or in any other of the Credit Documents or Hedging Agreements, the obligations of each Guarantor under this Credit Agreement and the other Credit Documents shall be limited to an aggregate amount equal to the largest amount that would not render such obligations subject to avoidance under Section 548 of the Bankruptcy Code of the United States, if applicable, or any comparable provisions of any other applicable Bankruptcy Code.
Canadian Guarantors. Each Canadian Guarantor (for purposes of this Section 3(b), a “Canadian Contributing Party”) agrees (subject to Section 4 hereof) that, in the event a payment shall be made by any other Canadian Guarantor under the Guaranty of or in respect of a Canadian Guaranteed Obligation and such Canadian Guarantor (for purposes of this Section 3(b), the “Canadian Claiming Party”) shall not have been fully indemnified by the Canadian Borrower as provided in Section 2(b), the Canadian Contributing Party shall indemnify the Canadian Claiming Party in an amount equal to the amount of such payment multiplied by a fraction of which the numerator shall be the net worth of the Canadian Contributing Party on the date of the Guaranty (or, in the case of any Guarantor becoming a party hereto pursuant to Section 15 hereof, the date of the Supplement hereto executed and delivered by such Guarantor) and the denominator shall be the aggregate net worth of all the Canadian Guarantors on the date of the Guaranty (or, in the case of any Guarantor becoming a party hereto pursuant to Section 15 hereof, the date of the Supplement hereto executed and delivered by such Guarantor). Any Canadian Contributing Party making any payment to a Canadian Claiming Party pursuant to this Section 3(b) shall be subrogated to the rights of such Canadian Claiming Party under Section 2(b) hereof to the extent of such payment.
Canadian Guarantors. Each Canadian Loan Party and each of its Consolidated Subsidiaries unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturity, by acceleration or otherwise, of all Canadian Obligations of each other Canadian Loan Party, including, without limitation, Canadian Loan Party, now or hereafter existing under any Purchase Document, pursuant to the terms and conditions of the Canadian Guaranty. * * * * * SIGNATURE PAGE TO NOTE AND EQUITY PURCHASE AGREEMENT
Canadian Guarantors. See preamble.
Canadian Guarantors. 7. Abitibi-Consolidated Inc., a corporation amalgamated under the laws of Canada 8. Abitibi-Consolidated Canadian Office Products Holdings Inc., a corporation amalgamated under the laws of Canada 9. 1508756 Ontario Inc., a company amalgamated under the laws of the Province of Ontario
Canadian Guarantors. OLYMPIA TRUST COMPANY, in its capacity as trustee of ENTERRA ENERGY TRUST, by its administrator, ENTERRA ENERGY CORP. Per: _______________________________ Name: Xxxxxx Xxxxxx Title: Senior Vice President and Chief Financial Officer Per: _______________________________ Name: E. Xxxxx Xxxxxx Title: President and Chief Executive Officer ENTERRA PRODUCTION PARTNERSHIP, by its Managing Partner, ENTERRA ENERGY CORP. Per: _______________________________ Name: Xxxxxx Xxxxxx Title: Senior Vice President and Chief Financial Officer THE ENTERRA ENERGY COMMERCIAL TRUSTEES, in their capacity as trustees of ENTERRA ENERGY COMMERCIAL TRUST _______________________________ Witness _______________________________ E. Xxxxx Xxxxxx (seal) _______________________________ Witness _______________________________ Xxxxxx Xxxxxx (seal)
Canadian Guarantors. OLYMPIA TRUST COMPANY, in its capacity as trustee of ENTERRA ENERGY TRUST, by its administrator, ENTERRA ENERGY CORP. Per: _______________________________ Name:_______________________________ Title: _______________________________ Per: _______________________________ Name:_______________________________ Title: _______________________________ ENTERRA PRODUCTION PARTNERSHIP, by its Managing Partner, ENTERRA ENERGY CORP. Per: _______________________________ Name: _______________________________ Title: _______________________________ THE ENTERRA ENERGY COMMERCIAL TRUSTEES, in their capacity as trustees of ENTERRA ENERGY COMMERCIAL TRUST Witness Name:______________________________(seal) ENTERRA ENERGY PARTNER CORP. Per: _______________________________ Name:_______________________________ Title: _______________________________ TRIGGER RESOURCES LTD. Per: _______________________________ Name: _______________________________ Title: _______________________________ Execution Form US Guarantors: ENTERRA US ACQUISITIONS INC. Per: _______________________________ Name:_______________________________ Title: _______________________________ ROCKY MOUNTAIN GAS, INC. Per: _______________________________ Name:_______________________________ Title: _______________________________ RMG I, LLC Per: _______________________________ Name:_______________________________ Title: _______________________________ ENTERRA ACQUISITIONS CORP. Per: _______________________________ Name:_______________________________ Title: _______________________________ ALTEX ENERGY CORPORATION Per: _______________________________ Name:_______________________________ Title: _______________________________ Execution Form SCHEDULE “A” See attached. Execution Form SCHEDULE “B” See attached.
Canadian Guarantors. 96 REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT THIS REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT (this "AGREEMENT"), dated as of March 30, 2004, is entered into by and among CORRPRO COMPANIES, INC., an Ohio corporation ("PARENT"), CCFC, INC., a Nevada corporation, OCEAN CITY RESEARCH CORP., a New Jersey corporation and CORRPRO INTERNATIONAL, INC., a Delaware corporation (together, "US BORROWER"); COMMONWEALTH XXXXXX HOLDINGS LTD., a corporation amalgamated under the laws of the Province of Alberta, Canada and a Foreign Wholly-Owned Subsidiary of Parent, CORRPRO CANADA, INC., a corporation amalgamated under the laws of the Province of Alberta, Canada and XXXXX INSPECTIONS LTD., a corporation amalgamated under the laws of the Province of Alberta, Canada (together, "CANADIAN BORROWER") (US Borrower and Canadian Borrower sometimes hereinafter are referred to individually as a "BORROWER" and collectively as "BORROWERS"); CAPITALSOURCE FINANCE LLC, a Delaware limited liability company (in its individual capacity, "CAPITALSOURCE"), as administrative, payment and collateral agent for the Lenders (CapitalSource, in such capacities, "AGENT"); and the LENDERS from time to time parties hereto.
Canadian Guarantors. Canadian Borrower and each of its Consolidated Subsidiaries unconditionally and irrevocably guarantees the punctual payment when due, whether at stated maturity, by acceleration or otherwise, of all Canadian Obligations of each other Canadian Credit Party, including, without limitation, Canadian Borrower, now or hereafter existing under any Loan Document, pursuant to the terms and conditions of the Canadian Guaranty.
Canadian Guarantors. (a) InnerWorkings Canada, and (b) each other Subsidiary organized under the laws of Canada or a province or territory thereof that becomes a Guarantor pursuant to Section 10.1.9 hereof.
