Common use of Continuing Guaranty; Assignments Clause in Contracts

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations , (b) be binding upon Guarantor, its successors and assigns, and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations , (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations Obligations, (b) be binding upon Guarantor, its successors and assigns, and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty and the Revolver Termination Date, (b) be binding upon Guarantorthe Company, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders Lenders, the Administrative Agent and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty hereunder (including, without limitation, all or any portion of its Notes Commitment, the Advances owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as provided in Section 9.07.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty, the Subscription Agreements and Notes, (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty and the Termination Date, (b) be binding upon the Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders Lenders, the Administrative Agent and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty hereunder (including, without limitation, all or any portion of its Notes Commitment, the Advances owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as provided in Section 9.07.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty and the Termination Date, (b) be binding upon each Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders Lenders, the Administrative Agent and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty hereunder (including, without limitation, all or any portion of its Notes Commitment, the Advances owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as provided in Section 9.07.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty and Notes, (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Personperson or entity, and such other Person person or entity shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Secured Obligations and all other amounts payable under this Guaranty, (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders Lender and their its successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes Note owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty, the Subscription Agreement, Transaction Documents and the Note, (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders Lender and their its successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes Note owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty and Agreement, (b) be binding upon Guarantor, its his successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders Creditor and their its successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause clause, (c), any Lender ) Creditor may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender Creditor herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty (and, if applicable, in Stock issued by the Borrower with respect to certain amounts of interest pursuant to Section 2.6(a)) and the termination of all Commitments, (b) be binding upon each Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Agent, the Lenders and their respective successors, pledgees, transferees and assigns. Without limiting No Guarantor shall have the generality right to assign its rights hereunder or any interest herein without the prior written consent of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwiseLenders.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations Obligations, (b) be binding upon Guarantor, its successors and assigns, and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other PersonPerson in accordance with Section 5.7 of the Securities Purchase and Exchange Agreement, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations Obligations, (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders Lender and their its successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any the Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations of all other amounts payable under this Guaranty, (b) be binding upon Guarantor, its the Guarantor and his successors and assigns, and (c) inure to the benefit of and be enforceable by the Lenders Buyers and their respective successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender the Buyers may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) the Obligations to any other PersonPerson in accordance with the terms of the SPA and Notes, and such other Person shall thereupon become vested with all the benefits rights in respect thereof granted such Collateral Agent or Lender to the Buyers herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations Obligations, (b) be binding upon Guarantor, its successors and assigns, and (c) inure to the benefit of and be enforceable by the Lenders Holders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender Holder may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender Holder herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty (and, if applicable, in Stock issued by the Borrower with respect to certain amounts of interest pursuant to Section 2.6(a)) and the termination of all Commitments, (b) be binding upon each Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Agent, the Lenders and their respective successors, pledgees, transferees and assigns. Without limiting No Guarantor shall have the generality right to assign its rights hereunder or any interest herein without the prior written consent of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwiseLenders.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full in cash of the Guaranteed Guarantied Obligations and all other amounts payable under this Guaranty, (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of of, and be enforceable by the Lenders by, Lender and their its successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any ; provided that Lender may pledge, shall only be entitled to assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of to the same extent as Lender is entitled to assign its Notes owing to it) to any other Personrights under, and such other Person shall thereupon become vested with all as set forth in, the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwiseBorrower Note.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations , (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes Debentures owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty and the Note, (b) be binding upon Guarantor, its his heirs, representatives, and permitted successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders Ofir and their his successors, pledgees, transferees transferees, representatives, heirs and assigns. Without limiting the generality of the foregoing clause (c)clause, any Lender Ofir may pledge, assign or otherwise transfer all or any portion of its his rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes Note owing to it) to any other Personperson or entity, and such other Person person and/or entity shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender Ofir herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations Obligations, (b) be binding upon Guarantor, its successors and assigns, and (c) inure to the benefit of and be enforceable by the Lenders Lender and their its successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty and Notes, (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders and their its successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause clause, (c), any Lender ) Lenderss may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender Lenders herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty and Notes, (b) be binding upon Guarantor, its his successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders Holders and their its successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause clause, (c), any Lender ) Holders may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender Holder herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (ai) remain in full force and effect until the later of (A) the indefeasible cash or other payment in full in cash of all Obligations payable under this Agreement and (B) the Guaranteed Obligations Final Maturity Date, (bii) be binding upon Guarantorthe Guarantors, its their successors and assigns, assigns and (ciii) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, successors and permitted transferees and assigns. Without limiting the generality of the foregoing clause (c)iii) of the immediately preceding sentence, any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) Agreement to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as and to the extent provided in Section 11.7.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations , (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent Trustee or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of (i) the indefeasible cash or other payment in full in cash of all Obligations payable under this Agreement and (ii) the Guaranteed Obligations Termination Date, (b) be binding upon Guarantorthe Parent, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c)) of the immediately preceding sentence, any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) Agreement to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Collateral Agent or Lender herein or otherwise, in each case as and to the extent provided in Section 10.6(b).

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations Obligations, (b) be binding upon Guarantor, its successors and assigns, and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender Lenders herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty and Agreement, (b) be binding upon Guarantor, its his successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders Creditors and their its successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause clause, (c), any Lender ) Creditors may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender Creditor herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations Obligations, (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations Obligations, (b) be binding upon Guarantor, its successors and assigns, and (c) inure to the benefit of and be enforceable by the Lenders and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender herein or otherwise.

Continuing Guaranty; Assignments. This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the later of the indefeasible cash or other payment in full of the Guaranteed Obligations and all other amounts payable under this Guaranty, the Subscription Agreements and Note, (b) be binding upon Guarantor, its successors and assigns, assigns and (c) inure to the benefit of and be enforceable by the Lenders and their its successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause clause, (c), any Lender ) Lenders may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Guaranty (including, without limitation, all or any portion of its Notes Note owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Collateral Agent or Lender Lenders herein or otherwise.