Common use of Counterparts; Effectiveness; Several Agreement Clause in Contracts

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 25 contracts

Samples: Intercreditor Agreement (Amc Entertainment Holdings, Inc.), Collateral Agreement (SMART Global Holdings, Inc.), Credit Agreement (PDL Biopharma, Inc.)

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Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 19 contracts

Samples: Share Pledge Agreement (Skype S.a r.l.), Collateral Agreement (Endurance International Group Holdings, Inc.), Collateral Agreement (Endurance International Group Holdings, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by facsimile or other electronic communication of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 16 contracts

Samples: Security Agreement (Gates Industrial Corp PLC), Security Agreement (La Quinta Holdings Inc.), Security Agreement (B&H Contracting, L.P.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Notes Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Notes Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Notes Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Notes Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 14 contracts

Samples: Intellectual Property Security Agreement (Freescale Semiconductor Inc), Intellectual Property Security Agreement (Freescale Semiconductor, Ltd.), Security Agreement (Freescale Semiconductor Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by facsimile or other electronic communication of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 14 contracts

Samples: Credit Agreement (Quintiles Transnational Holdings Inc.), Guaranty and Security Agreement (CorePoint Lodging Inc.), Credit Agreement (Dunkin' Brands Group, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 13 contracts

Samples: Collateral Agreement (Gogo Inc.), Collateral Agreement (Interactive Data Holdings Corp), Collateral Agreement (Vacasa, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 10 contracts

Samples: Intellectual Property Security Agreement (Freescale Semiconductor Inc), Security Agreement (Catalent USA Woodstock, Inc.), Credit Agreement (Corporate Executive Board Co)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by facsimile or other electronic communication of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) without the prior written consent of the Administrative Agent, except as expressly provided in this Agreement and to the extent permitted by the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, restated, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 7 contracts

Samples: Second Lien Security Agreement (Global Eagle Entertainment Inc.), First Lien Security Agreement (Global Eagle Entertainment Inc.), Security Agreement (Global Eagle Entertainment Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Guaranty Party when a counterpart hereof executed on behalf of such Guarantor Guaranty Party shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Guaranty Party and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGuaranty Party, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Guaranty Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Guaranty Party and may be amended, modified, supplemented, waived or released with respect to any Guarantor Guaranty Party without the approval of any other Guarantor Guaranty Party and without affecting the obligations of any other Guarantor Guaranty Party hereunder.

Appears in 7 contracts

Samples: Security Agreement (Performance Food Group Co), Guaranty (Freescale Semiconductor Inc), Guaranty (Freescale Semiconductor Holdings I, Ltd.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 7 contracts

Samples: Collateral Agreement (TAMINCO ACQUISITION Corp), Collateral Agreement, Credit Agreement (Sra International Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 6 contracts

Samples: Collateral Agreement (Ami Celebrity Publications, LLC), Collateral Agreement (Ami Celebrity Publications, LLC), Collateral Agreement (Ami Celebrity Publications, LLC)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by telecopier of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 5 contracts

Samples: Security Agreement (West Customer Management Group, LLC), Guarantee Agreement (West Corp), Credit Agreement (West Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by telecopier of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 5 contracts

Samples: Intellectual Property Security Agreement (West Corp), Security Agreement (West Corp), Credit Agreement (West Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed by facsimile and in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic imaging transmission shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 5 contracts

Samples: Abl Pledge and Security Agreement (Entegris Inc), Credit Agreement (YRC Worldwide Inc.), Pledge and Security Agreement (Entegris Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 4 contracts

Samples: Master Guarantee Agreement (NorthStar Asset Management Group Inc.), Credit Agreement (NorthStar Asset Management Group Inc.), Master Guarantee Agreement (NorthStar Asset Management Group Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGuarantor , the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Corporate Executive Board Co), Guaranty (Epicor Software Corp), Security Agreement (Epicor Software Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except it being understood and agreed that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, restated, amended and restated, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 4 contracts

Samples: First Lien Guarantee Agreement (Franchise Group, Inc.), Second Lien Guarantee Agreement (Franchise Group, Inc.), First Lien Guarantee Agreement (Franchise Group, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Guaranty Party when a counterpart hereof executed on behalf of such Guarantor Guaranty Party shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Guaranty Party and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGuaranty Party, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Guaranty Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in otherwise permitted by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Guaranty Party and may be amended, modified, supplemented, waived or released with respect to any Guarantor Guaranty Party without the approval of any other Guarantor Guaranty Party and without affecting the obligations of any other Guarantor Guaranty Party hereunder.

Appears in 4 contracts

Samples: Guaranty Supplement (Polymer Group Inc), Guaranty (Ahny-Iv LLC), Guaranty (Polymer Group Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except it being understood that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 4 contracts

Samples: First Lien Collateral Agreement (Franchise Group, Inc.), Second Lien Collateral Agreement (Franchise Group, Inc.), First Lien Collateral Agreement (Franchise Group, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication (including “.pdf “ or “.tiff” files) shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (W R Grace & Co)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Notes Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Notes Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Notes Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Notes Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 3 contracts

Samples: Collateral Agreement (Sinclair Broadcast Group Inc), Security Agreement (Denali Holding Inc.), Security Agreement (Dell Technologies Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to of this Agreement by facsimile or other electronic transmission imaging shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such attempted assignment or transfer by any Loan Party shall be null and void) ), except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Verisign Inc/Ca), Guarantee Agreement (Verisign Inc/Ca), Credit Agreement (Verisign Inc/Ca)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by facsimile or other electronic communication of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) without the prior written consent of the Administrative Agent, except as expressly provided in to the extent permitted by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, restated, amended and restated, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 3 contracts

Samples: Intercreditor Agreement (Option Care Health, Inc.), Abl Credit Agreement (Option Care Health, Inc.), Intercreditor Agreement (Option Care Health, Inc.)

Counterparts; Effectiveness; Several Agreement. This Guaranty Agreement may be executed in counterparts (and by different parties hereto on in different counterparts), each of which shall constitute an original original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to of this Guaranty Agreement by facsimile telecopy or other electronic transmission imaging means shall be effective as delivery of a manually signed executed counterpart of this Guaranty Agreement. This Guaranty Agreement and the other Loan Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. This Guaranty Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor it shall have been delivered to executed by the Administrative Agent and a counterpart hereof when the Administrative Agent shall have been executed on behalf received counterparts hereof that, when taken together, bear the signatures of each of the Administrative Agent, other parties hereto and thereafter shall be binding upon such Guarantor and each party hereto, the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantorparties, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor party hereto shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Guaranty Agreement and or the Credit Agreement. This Guaranty Agreement shall be construed as a separate agreement with respect to each Guarantor Loan Party and may be amended, modified, supplemented, waived or released with respect to any Guarantor Loan Party without the approval of any other Guarantor Loan Party and without affecting the obligations of any other Guarantor Loan Party hereunder.

Appears in 3 contracts

Samples: Assignment and Assumption (Willis Towers Watson PLC), Guaranty Agreement (Willis Towers Watson PLC), Guaranty Agreement (Willis Group Holdings PLC)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 2 contracts

Samples: Collateral Agreement (Lmi Aerospace Inc), Intellectual Property Security Agreement (Lmi Aerospace Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Notes Secured Parties and their respective permitted successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 2 contracts

Samples: Intellectual Property Security Agreement (Lmi Aerospace Inc), Collateral Agreement (Lmi Aerospace Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by facsimile or other electronic communication of an executed counterpart (including portable document format (PDF)) of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, restated, amended and restated, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 2 contracts

Samples: Security Agreement (MKS Instruments Inc), Security Agreement (MKS Instruments Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative First Lien Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative First Lien Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative First Lien Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative First Lien Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the First Lien Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 2 contracts

Samples: First Lien Collateral Agreement (Sotera Health Co), First Lien Collateral Agreement (Sotera Health Topco, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Loan Party and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 2 contracts

Samples: Guarantee Agreement (Usg Corp), Guarantee Agreement (Usg Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent Agents and a counterpart hereof shall have been executed on behalf of the Administrative AgentAgents, and thereafter shall be binding upon such Guarantor Guarantor, Administrative Agent and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 2 contracts

Samples: Guarantee Agreement (EverCommerce Inc.), Collateral Agreement (Pathfinder Acquisition Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission (i.e., a “PDF” or “TIF”) shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Note Purchase Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 2 contracts

Samples: Security Agreement (Velocity Financial, Inc.), Security Agreement (Velocity Financial, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Agent and the other Guaranteed Parties Secured Creditors and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 2 contracts

Samples: Security Agreement (Installed Building Products, Inc.), Security Agreement (Installed Building Products, Inc.)

Counterparts; Effectiveness; Several Agreement. This Guaranty Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Guaranty Agreement by facsimile transmission or other electronic transmission imaging means shall be as effective as delivery of a manually signed counterpart of this Guaranty Agreement. This Guaranty Agreement shall become effective as to any Guarantor Loan Party when a counterpart hereof executed on behalf of such Guarantor Loan Party shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Loan Party and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorLoan Party, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor Loan Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Guaranty Agreement and or the Credit Agreement. This Guaranty Agreement shall be construed as a separate agreement with respect to each Guarantor Loan Party and may be amended, modified, supplemented, waived or released with respect to any Guarantor Loan Party without the approval of any other Guarantor Loan Party and without affecting the obligations of any other Guarantor Loan Party hereunder.

Appears in 2 contracts

Samples: Guaranty Agreement (Willis Group Holdings LTD), Guaranty Agreement (Willis Group Holdings PLC)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (any number of separate counterparts, and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when said counterparts taken together shall be deemed to constitute a single contractone and the same instrument. Delivery of an executed counterpart of a signature page to of this Agreement by facsimile or other electronic transmission imaging shall be effective as delivery of a manually signed executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assignsCollateral Agent, and shall inure to the benefit of such Guarantor, the Administrative Collateral Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit AgreementSecured Parties. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 2 contracts

Samples: Guarantee Agreement (Graftech International LTD), Guarantee Agreement (Graftech International LTD)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication (including “.pdf “ or “.tif” files) shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 2 contracts

Samples: Guaranty (Restaurant Brands International Limited Partnership), Guaranty (Burger King Worldwide, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Second Lien Notes Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Second Lien Notes Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Second Lien Notes Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Second Lien Notes Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 2 contracts

Samples: Second Lien Collateral Agreement (Sotera Health Co), Second Lien Collateral Agreement (Sotera Health Topco, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Notes Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Notes Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Notes Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Notes Collateral Agent and the other Guaranteed Noteholder Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 2 contracts

Samples: Notes Collateral Agreement (Builders FirstSource, Inc.), Notes Collateral Agreement (Builders FirstSource, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 2 contracts

Samples: Collateral Agreement (TA Holdings 1, Inc.), Credit Agreement (Amplify Snack Brands, INC)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative First Lien Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative First Lien Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative First Lien Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative First Lien Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the First Lien Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 2 contracts

Samples: Guarantee Agreement (Sotera Health Co), Guarantee Agreement (Sotera Health Topco, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Term Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Term Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Term Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Term Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 2 contracts

Samples: Term Collateral Agreement (Builders FirstSource, Inc.), Term Collateral Agreement (Installed Building Products, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative First Lien Notes Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative First Lien Notes Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative First Lien Notes Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative First Lien Notes Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit AgreementIndenture. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 2 contracts

Samples: First Lien Collateral Agreement (Sotera Health Co), First Lien Collateral Agreement (Sotera Health Topco, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Second Lien Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Second Lien Credit Agreement (SMART Technologies Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original original, but all of which when taken together shall constitute a single contract. Delivery of an executed Any signature page to this Agreement may be delivered by facsimile facsimile, electronic mail (including pdf) or any electronic signature complying with the U.S. federal ESIGN Act of 2000 or the New York Electronic Signature and Records Act or other electronic transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective as delivery for all purposes to the fullest extent permitted by applicable law. For the avoidance of a manually signed counterpart doubt, the foregoing also applies to any amendment, extension or renewal of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent Lender and a counterpart hereof shall have been executed on behalf of the Administrative AgentLender, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assignsLender, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Parties Lender and their respective permitted successors and permitted assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, restated, amended and restated, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee Agreement (Fathom Digital Manufacturing Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication (including “.pdf” or “.tif” files) shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement Agreement, the Indenture and the Credit each applicable Additional Pari Passu Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 1 contract

Samples: Second Lien Security Agreement (Heinz H J Co)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by facsimile or other electronic communication of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and without the Credit Agreementprior written consent of the Administrative Agent. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 1 contract

Samples: Security Agreement (Rimini Street, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Second Lien Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Second Lien Master Guarantee Agreement (Endurance International Group Holdings, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Pledgor when a counterpart hereof executed on behalf of such Guarantor Pledgor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Pledgor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorPledgor, the Administrative Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except it being understood that no Guarantor Pledgor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and or the Credit Loan Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Pledgor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Pledgor without the approval of any other Guarantor Pledgor and without affecting the obligations of any other Guarantor Pledgor hereunder.

Appears in 1 contract

Samples: Pledge Agreement (Franchise Group, Inc.)

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Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by telecopier or by electronic.pdf copy of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative First Lien Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative First Lien Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the First Lien Collateral Agent, the Administrative Agent and the other Guaranteed First Lien Secured Parties and their respective permitted successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, restated, amended and restated, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: First Lien Guarantee Agreement (TransFirst Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement Guaranty may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement Guaranty by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this AgreementGuaranty. This Agreement Guaranty shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent Lender and a counterpart hereof shall have been executed on behalf of the Administrative AgentLender, and thereafter shall be binding upon such Guarantor and the Administrative Agent Lender and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent Guarantor and the other Guaranteed Parties Lender, and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and Guaranty or the Credit Agreement. This Agreement Guaranty shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Guaranty (Igate Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Parties Lenders and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Guaranty (Igate Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 1 contract

Samples: Possession Security Agreement (GWG Holdings, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Guaranty Party when a counterpart hereof executed on behalf of such Guarantor Guaranty Party shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Guaranty Party and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGuaranty Party, the Administrative Agent and the other Guaranteed Senior Credit Parties and their respective successors and assigns, except that no Guarantor Guaranty Party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in otherwise permitted by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Guaranty Party and may be amended, modified, supplemented, waived or released with respect to any Guarantor Guaranty Party without the approval of any other Guarantor Guaranty Party and without affecting the obligations of any other Guarantor Guaranty Party hereunder.

Appears in 1 contract

Samples: Guaranty (Polymer Group Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication (including “.pdf” or “.tif” files) shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 1 contract

Samples: Security Agreement (Heinz H J Co)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and Agreement, the Credit Indenture or the Revolving Facility Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 1 contract

Samples: Security Agreement (Shea Homes Limited Partnership)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication (including “.pdf” or “.tiff” files) shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.. US-DOCS\98864089.6

Appears in 1 contract

Samples: Credit Agreement (W R Grace & Co)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication (including “.pdf “ or “.tif” files) shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGuarantor , the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Guaranty (Heinz H J Co)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Collateral Agent and the other Guaranteed Parties Secured Creditors and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Abl Guarantee Agreement (Builders FirstSource, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to the Loan Party Representative or any Guarantor when a counterpart hereof executed on behalf of the Loan Party Representative or such Guarantor Guarantor, as the case may be, shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon the Loan Party Representative, such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of the Loan Party Representative, such Guarantor, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no neither the Loan Party Representative nor any Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each of the Loan Party Representative and each Guarantor and may be amended, modified, supplemented, waived or released with respect to the Loan Party Representative or any Guarantor without the approval of the Loan Party Representative or any other Guarantor Guarantor, as the case may be, and without affecting the obligations of the Loan Party Representative or any other Guarantor as the case may be, hereunder.

Appears in 1 contract

Samples: Guarantee Agreement (Usg Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Term Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Term Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Term Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Term Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Term Guarantee Agreement (Installed Building Products, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original original, but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Pledgor when a counterpart hereof executed on behalf of such Guarantor Pledgor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Pledgor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorPledgor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Pledgor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Pledged Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by the Credit Agreement. Delivery of an executed counterpart of a signature page of this Agreement and the Credit by facsimile or other electronic imaging means shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Pledgor and may be waived, amended, modified, supplemented, waived modified or released with respect to any Guarantor Pledgor without the approval of any other Guarantor Pledgor and without affecting the obligations of any other Guarantor Pledgor hereunder.

Appears in 1 contract

Samples: Pledge Agreement (Quicksilver Resources Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute be deemed an original but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, restated, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 1 contract

Samples: Collateral Agreement (Unity Software Inc.)

Counterparts; Effectiveness; Several Agreement. This Guaranty Agreement may be executed in counterparts (and by different parties hereto on in different counterparts), each of which shall constitute an original original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to of this Guaranty Agreement by facsimile telecopy or other electronic transmission imaging means shall be effective as delivery of a manually signed executed counterpart of this Guaranty Agreement. This Guaranty Agreement and the other Loan Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. This Guaranty Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor it shall have been delivered to executed by the Administrative Agent and a counterpart hereof when the Administrative Agent shall have been executed on behalf received counterparts hereof that, when taken together, bear the signatures of each of the Administrative Agent, other parties hereto and thereafter shall be binding upon such Guarantor and each party hereto, the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantorparties, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor party hereto shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Guaranty Agreement and or the Credit Term Loan Agreement. This Guaranty Agreement shall be construed as a separate agreement with respect to each Guarantor Loan Party and may be amended, modified, supplemented, waived or released with respect to any Guarantor Loan Party without the approval of any other Guarantor Loan Party and without affecting the obligations of any other Guarantor Loan Party hereunder.

Appears in 1 contract

Samples: Term Loan Agreement (Willis Group Holdings PLC)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Loan Party and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee Agreement (Usg Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by telecopier or by electronic.pdf copy of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Second Lien Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Second Lien Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Second Lien Collateral Agent, the Administrative Agent and the other Guaranteed Second Lien Secured Parties and their respective permitted successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, restated, amended and restated, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Second Lien Guarantee Agreement (TransFirst Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by facsimile or other electronic communication of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in permitted by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 1 contract

Samples: Security Agreement (Trinseo S.A.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.. Blue Bird - Master Guarantee Agreement

Appears in 1 contract

Samples: Collateral Agreement (Blue Bird Corp)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee Agreement (Gogo Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by telecopier or other electronic transmission of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon and shall inure to the benefit of such Guarantor Grantor, the Collateral Agent and the Administrative Agent other Secured Parties and their respective permitted successors and assigns, and shall inure to except that, unless expressly permitted by the benefit terms of such Guarantorthe Credit Agreement, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein without the prior written consent of the Collateral Agent (and any such attempted assignment or transfer in violation of this sentence shall be null and void) except as expressly provided in this Agreement and the Credit Agreement). This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder. Change Healthcare Inc. has requested confidential treatment of this registration statement and associated correspondence pursuant to Rule 83 of the Securities and Exchange Commission.

Appears in 1 contract

Samples: Security Agreement (Change Healthcare Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Security Agreement (Candela Medical, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor Grantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorGrantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and Agreement, the Credit Indenture or the LC Facility Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder.

Appears in 1 contract

Samples: Security Agreement (Vistancia Marketing, LLC)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this AgreementAgreement to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act or any other similar state laws based on the Uniform Electronic Transactions Act. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Term Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Term Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Term Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Term Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Term Guarantee Agreement (Installed Building Products, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any the Guarantor when a counterpart hereof executed on behalf of such the Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such the Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such the Guarantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no the Guarantor shall not have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, restated, modified, supplemented, waived or released with respect to any the Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunderGuaranteed Party.

Appears in 1 contract

Samples: Guarantee Agreement (Michaels Stores Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Term Guarantee Agreement (Builders FirstSource, Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different one or more counterparts), each of which shall constitute be deemed an original original, but all of which when taken together shall constitute a single contractone and the same instrument. Delivery by telecopier or other electronic transmission of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually signed an original executed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Grantor when a counterpart hereof executed on behalf of such Guarantor Grantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon and shall inure to the benefit of such Guarantor Grantor, the Collateral Agent and the Administrative Agent other Secured Parties and their respective permitted successors and assigns, and shall inure to except that, unless expressly permitted by the benefit terms of such Guarantorthe Credit Agreement, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor Grantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein without the prior written consent of the Collateral Agent (and any such attempted assignment or transfer in violation of this sentence shall be null and void) except as expressly provided in this Agreement and the Credit Agreement). This Agreement shall be construed as a separate agreement with respect to each Guarantor Grantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Grantor without the approval of any other Guarantor Grantor and without affecting the obligations of any other Guarantor Grantor hereunder. The Registrant has requested confidential treatment of this draft registration statement and associated correspondence pursuant to Rule 83 of the Securities and Exchange Commission.

Appears in 1 contract

Samples: Security Agreement (PF2 SpinCo LLC)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission means shall be effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Agent and the other Guaranteed Secured Parties and their respective permitted successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in accordance with this Agreement and the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Credit Agreement (Broadcom LTD)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other means of electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Assignment and Assumption (Targa Resources Investments Inc.)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission communication (including “.pdf” “ or “.tif”” files) shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor when a counterpart hereof executed on behalf of such Guarantor shall have been delivered to the Administrative Collateral Agent and a counterpart hereof shall have been executed on behalf of the Administrative Collateral Agent, and thereafter shall be binding upon such Guarantor and the Administrative Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such Guarantor, the Administrative Collateral Agent and the other Guaranteed Secured Parties and their respective successors and assigns, except that no Guarantor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor and may be amended, modified, supplemented, waived or released with respect to any Guarantor without the approval of any other Guarantor and without affecting the obligations of any other Guarantor hereunder.

Appears in 1 contract

Samples: Credit Agreement (Yum Brands Inc)

Counterparts; Effectiveness; Several Agreement. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement. This Agreement shall become effective as to any Guarantor Obligor when a counterpart hereof executed on behalf of such Guarantor Obligor shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent, and thereafter shall be binding upon such Guarantor Obligor and the Administrative Agent and their respective permitted successors and assigns, and shall inure to the benefit of such GuarantorObligor, the Administrative Agent and the other Guaranteed Parties and their respective successors and assigns, except that no Guarantor Obligor shall have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly provided in contemplated by this Agreement and or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each Guarantor Obligor and may be amended, modified, supplemented, waived or released with respect to any Guarantor Obligor without the approval of any other Guarantor Obligor and without affecting the obligations of any other Guarantor Obligor hereunder.

Appears in 1 contract

Samples: Guarantee Agreement (Nortel Networks LTD)

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