Common use of Continuing Guaranty; Transfer of Notes Clause in Contracts

Continuing Guaranty; Transfer of Notes. This Guaranty is a -------------------------------------- continuing guaranty and shall (i) remain in full force and effect until the Obligations, the Expenses and all other amounts payable under this Guaranty shall have been paid in full and the period during which any payment Borrower or Guarantors is or may be subject to avoidance or refund under the United States Bankruptcy Code (or any similar statute) shall have expired, (ii) be binding upon each Guarantor and the personal representatives, heirs, successors and assigns of each Guarantor, and (iii) inure to the benefit of, and be enforceable by the Lenders and Agent and their respective successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), the Lenders may endorse, assign or otherwise transfer the Obligations to any other person or entity in accordance with the provisions of the Credit Agreement, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to the Lenders herein or otherwise.

Appears in 1 contract

Samples: Form of Guaranty Agreement (Merkert American Corp)

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Continuing Guaranty; Transfer of Notes. This Guaranty is a -------------------------------------- continuing guaranty and shall (i) remain in full force and effect until the Obligations, the Expenses and all other amounts payable under this Guaranty shall have been paid in full and the period during which any payment Borrower or Guarantors is or may be subject to avoidance or refund under the United States Bankruptcy Code (or any similar statute) shall have expiredRelease Date, (ii) be binding upon each Guarantor and the personal representativesGuarantor, heirs, its permitted successors and assigns of each Guarantorassigns, and (iii) inure to the benefit of, of and be enforceable by the Lenders and Agent Guarantied Parties and their respective successors, transferees permitted transferees, and permitted assigns. Without limiting the generality of the foregoing clause (iii), each of the Lenders Guarantied Parties may endorse, assign or otherwise transfer any Note held by it or the Guarantied Obligations owed to it to any other person or entity in accordance with the provisions of the Credit AgreementPerson, and such other person or entity Person shall thereupon become vested with all the rights in respect thereof granted to such Guarantied Party herein or otherwise with respect to such of the Notes and the Guarantied Obligations so transferred or assigned, subject, however, to compliance with the provisions of Section 10.06 of the Credit Agreement in respect of assignments. No Guarantor may assign any of its obligations under this Guaranty without first obtaining the written consent of the Lenders herein or otherwiseas set forth in the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Spartech Corp)

Continuing Guaranty; Transfer of Notes. This Guaranty is a continuing -------------------------------------- continuing guaranty and shall (i) remain in full force and effect until the Obligations, the Expenses and all other amounts payable under this Guaranty shall have been paid in full and the period during which any payment Borrower or Guarantors is or may be subject to avoidance or refund under the United States Bankruptcy Code (or any similar statute) shall have expired, (ii) be binding upon each Guarantor and the personal representatives, heirsGuarantor, successors and assigns of each Guarantor, and (iii) inure to the benefit of, and be enforceable by the Lenders and Agent and their respective successors, transferees and assignsassigns in accordance with Paragraph 9.2 of the Credit Agreement. Without limiting the generality of the foregoing clause (iii), the Lenders may endorse, assign or otherwise transfer the Obligations to any other person or entity in accordance with the provisions of the Credit Agreement, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to the Lenders herein or otherwise.

Appears in 1 contract

Samples: Guaranty Agreement (Merkert American Corp)

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Continuing Guaranty; Transfer of Notes. This Guaranty is a -------------------------------------- continuing guaranty and shall (i) remain in full force and effect until the Obligations, the Expenses and any and all other amounts payable under this Guaranty shall have been paid in full and the period during which any payment made by Borrower or Guarantors any Guarantor is or may be subject to avoidance or refund under the United States Bankruptcy Code (or any similar statute) shall have expired, (ii) be binding upon each Guarantor and the personal representatives, heirs, their respective successors and assigns of each Guarantorassigns, and (iii) inure to the benefit of, and be enforceable by the Lenders and Agent and their respective successors, transferees and assignsassigns in accordance with Paragraph 9.2 of the Credit Agreement. Without limiting the generality of the foregoing clause (iii)) above, the Lenders may endorse, assign or otherwise transfer the Obligations to any other person or entity in accordance with the provisions of the Credit Agreement, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to the Lenders herein or otherwise.

Appears in 1 contract

Samples: Guaranty Agreement (Marketing Specialists Corp)

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