Common use of Default Remedies Clause in Contracts

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 6 contracts

Samples: Pledge and Security Agreement (Collective Brands, Inc.), Pledge and Security Agreement (WCI Steel, Inc.), Credit Agreement (Massey Energy Co)

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Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Collateral Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of any of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of any of the Obligations, the Administrative Collateral Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 4 contracts

Samples: Guaranty (Warnaco Group Inc /De/), Guaranty (Warnaco Group Inc /De/), Warnaco Group Inc /De/

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Guarantied Obligations. If any Obligation is not paid when due, or upon Upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the ObligationsDefault, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Guarantied Obligations then due, without first proceeding against the defaulting Borrower or Borrowers or any other guarantor of the Guarantied Obligations, or against any Collateral under the Loan Documents or joining the defaulting Borrower or Borrowers or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Guarantied Obligations, the Administrative Agent may (unless the Guarantied Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereofGuarantor, appropriate and apply toward the payment of the Guarantied Obligations (a) any indebtedness due or to become due from any Guarantied Party to such any Guarantor and (b) any moneys, credits or other property belonging to such any Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 3 contracts

Samples: Credit Agreement (Livent Corp.), Credit Agreement (Livent Corp.), Credit Agreement (Arcadium Lithium PLC)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, proceed or direct the Collateral Agent to proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent or the Collateral Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 2 contracts

Samples: Guaranty (Knology Inc), Knology Inc

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, Lender may proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent Lender may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral security or collateral for the payment hereof, appropriate and apply toward the payment of the Obligations Obligations, in accordance with this Agreement (a) any indebtedness due or to become due from any Guarantied Party the Lender to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party the Lender or any of its respective Affiliates.

Appears in 2 contracts

Samples: Guaranty (Eresearchtechnology Inc /De/), Guaranty (Eresearchtechnology Inc /De/)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the any Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrowers or any Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents Financing Agreements or joining the Borrowers or any Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (J Crew Group Inc), Guaranty (J Crew Group Inc)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default Event of Default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole Guaranty Orbital Sciences Corporation election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Orbital Sciences Corp /De/)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part under Section 9.1(f) of the ObligationsCredit Agreement, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the any Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower Borrowers or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Guaranteed Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Guaranteed Party or any of its respective AffiliatesAffiliates to the extent provided for in Section 11.6 of the Credit Agreement.

Appears in 1 contract

Samples: Pledge and Security Agreement (UTi WORLDWIDE INC)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have <PAGE> been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Guaranty

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower Borrowers as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower Borrowers or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower Borrowers or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Hayes Lemmerz International Inc

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower Borrowers as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Collateral Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower Borrowers or any other guarantor of any of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower Borrowers or any other guarantor in any proceeding against any Guarantor. At any time after maturity of any of the Obligations, the Administrative Collateral Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Guaranty (Warnaco Group Inc /De/)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the ObligationsGuaranteed Obligations of the Borrower. If any Obligation of the Guaranteed Obligations is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the ObligationsLoan Agreement, the Administrative Agent Lender may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Guaranteed Obligations then due, without first proceeding against the Borrower or Borrower, any other guarantor of the Guaranteed Obligations, or against any Collateral under the Loan Transaction Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Guaranteed Obligations, the Administrative Agent Lender may (unless the Guaranteed Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral security or collateral for the payment hereofthereof, appropriate and apply toward the payment of the Guaranteed Obligations (ai) any indebtedness due or to become due from any Guarantied Party the Lender to such Guarantor and (bii) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party the Lender or any of its respective Affiliates.

Appears in 1 contract

Samples: Guaranty (Interep National Radio Sales Inc)

Default Remedies. The obligations of each the Guarantor hereunder ------------------ are independent of and separate from the Loan Document Obligations. If any Obligation of the Loan Document Obligations is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Loan Document Obligations, the Administrative Agent Lender may, at its sole election, proceed directly and at once, without notice, against any the Guarantor to collect and recover the full amount or any portion of the Loan Document Obligations then due, without first proceeding against the Borrower or any other guarantor of the Loan Document Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any the Guarantor. At any time after maturity of the Loan Document Obligations, the Administrative Agent Lender may (unless the Loan Document Obligations have been irrevocably paid in full), without notice to any the Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Loan Document Obligations (a) any indebtedness due or to become due from any Guarantied Party the Lender to such the Guarantor and (b) any moneys, credits or other property belonging to such the Guarantor at any time held by or coming into the possession of any Guarantied Party the Lender or any of its respective Affiliates.

Appears in 1 contract

Samples: Guaranty (Finova Group Inc)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder and during the continuance thereof or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Tenet Healthcare Corp)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Collateral Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Collateral Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Hli Operating Co Inc

Default Remedies. The obligations of each the Guarantor hereunder are independent of and separate from the Guaranteed Obligations. If any Guaranteed Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower Issuer as provided in any other instrument or document evidencing all or any part of the Guaranteed Obligations, the Administrative Agent Trustee may, at its sole election, proceed directly and at once, without notice, against any the Guarantor to collect and recover the full amount or any portion of the Guaranteed Obligations then due, without first proceeding against the Borrower Issuer or any other guarantor of the Guaranteed Obligations, or against any Collateral under the Loan Documents or joining the Borrower Issuer or any other guarantor in any proceeding against any the Guarantor. At any time after maturity of the Guaranteed Obligations, the Administrative Agent Trustee may (unless the Guaranteed Obligations have been irrevocably paid in full), without notice to any the Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Guaranteed Obligations (a) any indebtedness due or to become due from any Guarantied Party to such the Guarantor and (b) any moneys, credits or other property belonging to such the Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Guarantee Agreement (Hayes Lemmerz International Technical Center Inc)

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Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Guarantied Obligations. If any Obligation of the Guarantied Obligations is not paid when due, or upon any Event of Default hereunder or upon any default by the any Borrower as provided in any other instrument or document evidencing all or any part of the Guarantied Obligations, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Guarantied Obligations then due, without first proceeding against the such Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower such Borrowers or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Guarantied Obligations of any Guarantor (ai) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (bii) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.other

Appears in 1 contract

Samples: Guaranty (Oxford Automotive Inc)

Default Remedies. The obligations of each the Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent Lender may, at its sole election, proceed directly and at once, without notice, against any the Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any the Guarantor. At any time after maturity of the Obligations, the Administrative Agent Lender may (unless the Obligations have been irrevocably paid in full), without notice to any the Guarantor and regardless of the acceptance of any Collateral collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party the Lender to such the Guarantor and (b) any moneys, credits or other property belonging to such the Guarantor at any time held by or coming into the possession of any Guarantied Party the Lender or any of its respective Affiliates.

Appears in 1 contract

Samples: Guaranty (Mk Resources Co)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation of the Obligations is not paid when due, or upon any default of a Guarantor hereunder, or upon any Event of Default hereunder under the Credit Agreement or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any such Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (ai) any indebtedness due or to become due from any Guarantied Guaranteed Party to such Guarantor and (bii) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Guaranteed Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Credit Agreement (National Steel Corp)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Collateral Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Collateral Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Warnaco Group Inc /De/

Default Remedies. The obligations of each Guarantor the Guarantors hereunder are independent of and separate from the Loan DocumenT Obligations. If any Obligation is Guaranteed Obligations not paid when due, or upon any Event of Default hereunder or upon any default by under the Borrower as provided in any other instrument or document evidencing all or any part of the ObligationsCredit Agreement, the Administrative Agent may, at its sole electionelection but subject to the terms of the Intercreditor Agreement, proceed directly and at once, without notice, against any or each Guarantor to collect and recover the full amount or any portion of the Guaranteed Obligations then due, without first proceeding against the Borrower or any other guarantor of the Guaranteed Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the ObligationsGuaranteed Obligations (or any of them), the Administrative Agent each Guaranteed Party may (unless until such time as the Guaranteed Obligations have been irrevocably are indefeasibly paid in fullfull in cash), with notice to the Agent but without notice to any Guarantor Guarantor, and regardless of the acceptance of any Collateral or security for the payment hereof, appropriate and apply toward the payment of all or any part of the Guaranteed Obligations (a) any indebtedness due or to become due from such Beneficiary or any Guarantied Party of its Affiliates to such or for the credit of any Guarantor and (b) any deposits, moneys, credits or other property belonging to such Guarantor any Guarantor, at any time held by by, or coming into the possession of any Guarantied Party of, or under the control of, such Beneficiary or any of its respective Affiliates.

Appears in 1 contract

Samples: Lien Guaranty (Pacific Energy Resources LTD)

Default Remedies. The obligations of each the Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower Borrowers as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any the Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower Borrowers or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower Borrowers or any other guarantor in any proceeding against any the Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereofGuarantor, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such the Guarantor and (b) any moneys, credits or other property belonging to such the Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Revolving Credit Agreement (Boardwalk Pipeline Partners, LP)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (a) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (b) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates. GUARANTY PRESTIGE BRANDS, INC.

Appears in 1 contract

Samples: Guaranty (Prestige Brands Holdings, Inc.)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation of the Obligations is not paid when due, or upon any Event of Default hereunder or upon any default by the Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (ai) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (bii) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Republic Technologies International Holdings LLC)

Default Remedies. The obligations of each Guarantor hereunder are independent of and separate from the Obligations. If any Obligation of the Obligations is not paid when due, or upon any Event of Default hereunder or upon any default by the any Borrower as provided in any other instrument or document evidencing all or any part of the Obligations, the Administrative Collateral Agent may, at its sole election, proceed directly and at once, without notice, against any Guarantor to collect and recover the full amount or any portion of the Obligations then due, without first proceeding against the any Borrower or any other guarantor of the Obligations, or against any Collateral under the Loan Documents or joining the Borrower Borrowers or any other guarantor in any proceeding against any Guarantor. At any time after maturity of the Obligations, the Administrative Collateral Agent may (unless the Obligations have been irrevocably paid in full), without notice to any Guarantor and regardless of the acceptance of any Collateral for the payment hereof, appropriate and apply toward the payment of the Obligations (ai) any indebtedness due or to become due from any Guarantied Party to such Guarantor and (bii) any moneys, credits or other property belonging to such Guarantor at any time held by or coming into the possession of any Guarantied Party or any of its respective Affiliates.

Appears in 1 contract

Samples: Guaranty (Memec Inc)

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