CONFIRMATION OF GUARANTEE AND SECURITY. TO: The Lenders and Hedging Affiliates AND TO: The Toronto-Dominion Bank, as agent of the Lenders (the "Agent")
CONFIRMATION OF GUARANTEE AND SECURITY. Each of the Guarantors acknowledges and confirms that (i) the guarantee granted by it pursuant to Article 10 of the Loan Agreement constitutes a continuing guarantee of, among other things, all present and future obligations of the Borrower to the Lender under the Loan Agreement and shall remain in full force and effect; and (ii) each of the other Loan Documents executed by it shall remain in full force and effect. In addition, (i) MEC Land Holdings (California) Inc. acknowledges and confirms that the Golden Gate Mortgage constitutes continuing security for the obligations secured thereby and shall remain in full force and effect, and (ii) The Santa Xxxxx Companies, Inc. acknowledges and confirms that the Santa Xxxxx Mortgage constitutes continuing security for the obligations secured thereby and shall remain in full force and effect.
CONFIRMATION OF GUARANTEE AND SECURITY. 3.1 The Borrower and each of the other Obligors hereby confirms to the Agent that all Security (including, for greater certainty, Guarantees) previously executed by each of them, respectively, continue in full force and effect.
CONFIRMATION OF GUARANTEE AND SECURITY. TO: The Lenders, Hedging Affiliates and each Cash Manager (together with the Agent (as defined below), collectively, the “Lender Secured Parties”)
CONFIRMATION OF GUARANTEE AND SECURITY. TO: The Lenders, the Hedging Affiliates and the Cash Managers AND TO: The Bank of Nova Scotia, as agent of the Lenders (the "Agent") For good and valuable consideration (the receipt and sufficiency of which is hereby conclusively acknowledged) each of the undersigned in its capacity as a guarantor pursuant to its guarantee and as a grantor of security under the Security to which it is party hereby: (a) consents and agrees to the terms of the Third Amending Agreement among the Borrowers, the Lenders and the Agent dated as of the date first above written (the “Amending Agreement”) and the transactions contemplated thereby; (b) acknowledges and confirms the representations and warranties applicable to it in the Amending Agreement and the other Documents; and (c) acknowledges that its guarantee and the Security to which it is party each remains in full force and effect in all respects notwithstanding the amendments contained in the Amending Agreement and shall continue to exist and apply to all Obligations, Lender Financial Instrument Obligations and Cash Management Obligations, as applicable under the Credit Agreement. This Confirmation is in addition to and shall not limit, derogate from or otherwise affect the provisions of the Security, as amended prior to the date hereof. This Confirmation, insofar as it applies to each of the undersigned, shall be governed by the same governing law which in each case governs the Security given or entered into by such undersigned, as applicable. Capitalized terms used herein shall have the same meanings herein as are ascribed thereto in the Credit Agreement. This Confirmation of Guarantee and Security is dated the same as the above Third Amending Agreement. BAYTEX ENERGY LTD. BTE FINANCE COMPANY LTD. Per: Per: Name: Title: Name: Title: Per: Per: Name: Title: Name: Title: BAYTEX COMMERCIAL TRUST 1by its manager, BTE FINANCE COMPANY LTD. BAYTEX COMMERCIAL TRUST 2by its manager, BTE FINANCE COMPANY LTD. Per: Per: Name: Title: Name: Title: Per: Per: Name: Title: Name: Title: BAYTEX COMMERCIAL TRUST 3by its manager, BTE FINANCE COMPANY LTD. BAYTEX COMMERCIAL TRUST 4by its manager, BTE FINANCE COMPANY LTD. Per: Per: Name: Title: Name: Title: Per: Per: Name: Title: Name: Title: BAYTEX COMMERCIAL TRUST 5by its manager, BTE FINANCE COMPANY LTD. BAYTEX COMMERCIAL TRUST 6by its manager, BTE FINANCE COMPANY LTD. Per: Per: Name: Title: Name: Title: Per: Per: Name: Title: Name: Title: BAYTEX COMMERCIAL TRUST 7by its manager, BTE FINANC...
CONFIRMATION OF GUARANTEE AND SECURITY. The Borrowers, in their capacity as security providers, the Security Providers, in their capacity as security providers, and the Guarantors, in their capacity as Guarantors under the Original Facility Agreement, confirm their agreement and acceptance to the terms and conditions in this Agreement and in the Amended Facility Agreement, and confirm that their obligations and liabilities in the Security Documents and other Finance Documents to which they are party shall continue in full force and effect for the Amended Facility Agreement, and that any security under the Security Documents and any guarantee created or given under any Finance Document (without any amendments necessary to be made to these documents) will extend to the liabilities and obligations of the Obligors to the Finance Parties under the Finance Documents, as amended by this Agreement.
CONFIRMATION OF GUARANTEE AND SECURITY. The Borrowers (on behalf of themselves and on behalf of the Guarantors (other than the Guarantors signing this Agreement) as Obligor’s agent), each Guarantor signing this Agreement and the Security Providers confirm their agreement and acceptance to the terms and conditions in this Agreement and in the Amended Facility Agreement, and confirm that the obligations and liabilities of the Obligors and/or Security Providers (as the case may be) in the Security Documents and other Finance Documents shall continue in full force and effect for the Amended Facility Agreement, and that any security under the Security Documents and any guarantee created or given under any Finance Document will extend to the liabilities and obligations of the Obligors to the Finance Parties under the Finance Documents, as amended by this Agreement.
CONFIRMATION OF GUARANTEE AND SECURITY. TO: The Bank of Nova Scotia, as agent of the Lenders (the “Agent”)
CONFIRMATION OF GUARANTEE AND SECURITY. Each of the Borrower and the Subsidiary Loan Parties hereby confirms that the obligations of the Borrower under the Credit Agreement as amended hereby shall be entitled to the benefits of their Guarantee set forth in the Subsidiary Guarantee Agreement in accordance with its terms, and each of the Borrower and the Subsidiary Loan Parties hereby confirms that the obligations of the Loan Parties under the Credit Agreement and the Subsidiary Guarantee Agreement as amended and confirmed hereby shall be entitled to the benefits of the collateral security provided by the Security Documents in accordance with their respective terms.
CONFIRMATION OF GUARANTEE AND SECURITY. Each of the Borrower and the Subsidiary Loan Parties hereby confirms that the obligations of the Borrower under the Series A Incremental Loans shall be entitled to the benefits of the guarantee set forth in the Subsidiary Guarantee Agreements in accordance with their respective terms, shall constitute “Obligations” as defined in the Security Agreement and each of the Subsidiary Guarantee Agreements and “Secured Obligations” as defined in the Pledge Agreement and the Mortgages and shall be entitled to the benefits of the collateral security provided by the Security Documents in accordance with their respective terms.
