Common use of Cross-Guaranty Clause in Contracts

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 44 contracts

Samples: Credit Agreement (Standard Motor Products Inc), Credit Agreement (Huttig Building Products Inc), Credit Agreement (Milacron Inc)

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Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 10 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 10 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 4 contracts

Samples: Credit Agreement (Golfsmith International Holdings Inc), Credit Agreement (Golfsmith International Holdings Inc), Credit Agreement (Vertis Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 10 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 10 shall be absolute and unconditional, irrespective of, and unaffected by,:

Appears in 4 contracts

Samples: Credit Agreement (Penhall International Corp), Credit Agreement (Osullivan Industries Holdings Inc), Credit Agreement (Osullivan Industries Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section SECTION 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section SECTION 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 3 contracts

Samples: Credit Agreement (Omni Energy Services Corp), Credit Agreement (Ddi Corp), Credit Agreement (Ddi Corp)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,:

Appears in 3 contracts

Samples: Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&e Finance Corp)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. , Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,:

Appears in 3 contracts

Samples: Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&E Equipment Services, Inc.)

Cross-Guaranty. (a) Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 3 contracts

Samples: Credit Agreement (Blount International Inc), Credit Agreement (Blount International Inc), Credit Agreement (Blount International Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other BorrowerBorrower (“Guaranteed Obligations”). Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 2 contracts

Samples: Credit Agreement (Akorn Inc), Credit Agreement (Akorn Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent the Lender and Lenders and their respective its successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders the Lender by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 9 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 9 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 2 contracts

Samples: Loan and Security Agreement (Workstream Inc), Loan and Security Agreement (Workstream Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders the Holders and their respective successors and assigns, assigns the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations obligations owed or hereafter owing to Agent and Lenders the Holders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 ARTICLE 9 shall not be discharged until payment and performance, in full, of the Obligations obligations under the Transaction Documents has occurredoccurred and all commitments (if any) to lend hereunder have been terminated, and that its obligations under this Section 12 ARTICLE 9 shall be absolute and unconditional, irrespective of, and unaffected by,:

Appears in 2 contracts

Samples: Financing Agreement (Unigene Laboratories Inc), Financing Agreement (Unigene Laboratories Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent Bank and Lenders and their respective its successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders Bank by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 Agreement shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 12.10 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 2 contracts

Samples: Loan and Security Agreement (Financial Engines, Inc.), Loan and Security Agreement (Covad Communications Group Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment (in cash) and performance and not of collection, that its obligations under this Section 12 13 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 13 shall be absolute and unconditional, irrespective of, and unaffected by,:

Appears in 2 contracts

Samples: Loan and Security Agreement (D & K Healthcare Resources Inc), Loan and Security Agreement (D & K Healthcare Resources Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent Agents and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent Agents and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 2 contracts

Samples: Loan Agreement (Asta Funding Inc), Credit Agreement (Allied Holdings Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Agent, for the benefit of the Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 15 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 15 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Financing Agreement (Sand Springs Railway CO)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is -------------- jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Credit Agreement (American Eco Corp)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations (other than contingent indemnification obligations not yet due and payable) has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Credit Agreement (Core-Mark Holding Company, Inc.)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders the Holders and their respective successors and assigns, assigns the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations obligations owed or hereafter owing to Agent and Lenders the Holders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 ARTICLE 9 shall not be discharged until payment and performance, in full, of the Obligations obligations under the Transaction Documents has occurred, and that its obligations under this Section 12 ARTICLE 9 shall be absolute and unconditional, irrespective of, and unaffected by,:

Appears in 1 contract

Samples: Financing Agreement (Jamba, Inc.)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent Agent, Lenders and Lenders each Secured Swap Provider and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Credit Agreement (Odyssey Healthcare Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, of all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, occurred and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,, the following:

Appears in 1 contract

Samples: Credit Agreement (Life Time Fitness Inc)

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Cross-Guaranty. Each Borrower hereby agrees that such Borrower Xxxxxxxx is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent Lender and Lenders and their its respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders Lender by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 10 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 10 shall be absolute and unconditional, irrespective of, and unaffected by,:

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Berry Corp (Bry))

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each and every other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section SECTION 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section SECTION 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Credit Agreement (Radio Unica Corp)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 14 shall not be discharged until payment and performance, in full, of the Obligations (other than contingent indemnification obligations not asserted) has occurred, and that its obligations under this Section 12 14 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Loan and Security Agreement (Keystone Consolidated Industries Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,.

Appears in 1 contract

Samples: Credit Agreement (Palace Entertainment Holdings, Inc.)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,, Table of Contents

Appears in 1 contract

Samples: Credit Agreement (Milacron Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent Lender and Lenders and their respective its successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders Lender by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Loan and Security Agreement (Planetout Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent Lender and Lenders and their its respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders Lender by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Loan Agreement (Asta Funding Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower -------------- is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be ---------- discharged until payment and performance, in full, of the non-contingent Obligations has occurred, and that its obligations under this Section 12 shall ---------- be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Credit Agreement (United Road Services Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is -------------- jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent Lender and Lenders and their respective its successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders Lender by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 shall not be discharged until payment and ---------- performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 shall be absolute and unconditional, irrespective of, and ---------- unaffected by,

Appears in 1 contract

Samples: Credit Agreement (Intercept Group Inc)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 13 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 13 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Possession Credit Agreement (Mirant Corp)

Cross-Guaranty. Each Borrower hereby agrees that such Borrower is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assigns, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Obligations owed or hereafter owing to Agent and Lenders by each other Borrower. Each Borrower agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 14 shall not be discharged until payment and performance, in full, of the Obligations has occurred, and that its obligations under this Section 12 14 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: Loan and Security Agreement (Equinix Inc)

Cross-Guaranty. Each Borrower Debtor hereby agrees that such Borrower Debtor is jointly and severally liable for, and hereby absolutely and unconditionally guarantees to Agent and Lenders and their respective successors and assignsPost-Petition Lender, the full and prompt payment (whether at stated maturity, by acceleration or otherwise) and performance of, all Post-Petition Obligations owed or hereafter owing to Agent and Lenders Post-Petition Lender by each other BorrowerDebtor. Each Borrower Debtor agrees that its guaranty obligation hereunder is a continuing guaranty of payment and performance and not of collection, that its obligations under this Section 12 Aricle 8 shall not be discharged until payment and performance, in full, of the Post-Petition Obligations has occurred, and that its obligations under this Section 12 Aricle 8 shall be absolute and unconditional, irrespective of, and unaffected by,

Appears in 1 contract

Samples: bankrupt.com

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