Existing Guaranties. Upon the effectiveness of this Guaranty, each of (i) the Guaranty, dated as of October 16, 2013, in connection with the Existing Revolver Agreement, and (ii) the Guaranty, dated as of October 16, 2013, in connection with the Existing Term Loan Agreement, are terminated and superseded by this Guaranty, except for any obligations with respect to the waiver of jury trial contained in Section 17 of each of such Guaranties that expressly survive the termination thereof.
Existing Guaranties. The Agent and all Lenders hereby agree that each of the Guaranties from the Subsidiaries of the Borrower listed on Schedule 12.20 hereto that were executed and delivered under the Existing Credit Agreement and are in effect on the Effective Date are hereby terminated and of no further force or effect as of the Effective Date.
Existing Guaranties. The Administrative Agent and all Lenders hereby agree that any and all “Subsidiary Guaranties” executed and delivered under the Existing Revolving Credit Agreement and the Existing Term Loan Agreement (or any predecessor agreements) and in effect on the Closing Date are hereby terminated and of no further force or effect as of the Closing Date.
Existing Guaranties. Sapient has issued standing letters of credit related to leased real estate in the amount of approximately $3.6 million, which have been issued by the Bank. Further, Sapient has, in a limited number of circumstances, guaranteed the debts of certain non-officer employees, related to certain debts. These guarantees are not material to the business operations of the company, and are further guaranteed by future employee bonus payments and stock options exercises. The company has also entered into certain guarantees in the form of performance bonds related to HWT, Inc. which relate to services contracts entered into between HWT and certain state government entities. These performance bonds can be executed by these state agencies in the case of non performance of duties, which would ultimately result in a financial settlement with Sapient Corporation. The maximum amount represented by these performance bonds is $1.3 million. Sapient has also guaranteed certain customer contracts and leases of its subsidiaries in the ordinary course of business, the amounts of which are not material individually or in the aggregate.
Existing Guaranties. This Guaranty amends, restates and consolidates the ------------------- Guaranties dated as of December 28, 1990 and June 30, 1992, each as amended, by the Guarantor in favor of HRP.
Existing Guaranties. No Subsidiary, and no entity that would constitute a Subsidiary but for its being organized under the laws of the jurisdiction outside the United States of America, has executed and delivered an Existing Guaranty except Subsidiaries that have executed and delivered Guaranties to the Holders of the Notes.
Existing Guaranties. Item 4.5 Existing Loans Item 5.1(n) Permitted 50% Stockholders
Existing Guaranties. None. -------------------- Capital Expenditures: Borrower shall not make or incur --------------------- any Capital Expenditure if, after giving effect thereto, the aggregate amount of all unfinanced Capital Expenditures by Borrower in any fiscal year (beginning with the March 31, 2000 fiscal year) would cause the Total Debt Service Coverage Ratio to fall below the required ratio and the Minimum Excess Availability to be less than $750,000. For purposes of monitoring the foregoing performance requirements in 1) and 2) hereof, each such requirement shall be evaluated monthly on a fiscal year-to-date basis. For any monthly period where either performance criteria is not satisfied, no Capital Expenditures may be made until both performance criteria are again satisfied.
Existing Guaranties. Item 4.6 Existing Investments Item 5.1(n) Permitted 50% Stockholders SECURITY AGREEMENT (EQUIPMENT) SECURITY AGREEMENT (EQUIPMENT) dated as of August 10, 1999 by and between BioTransplant Incorporated, a Delaware corporation (the "Debtor") and Fleet National Bank (the "Secured Party").
Existing Guaranties. Each existing Guaranty is in full force and effect and no default by Guarantor has occurred and is continuing (and no event which, with the giving of notice and/or the passage of time, would constitute such a default) pursuant to any existing Guaranty. All representations and warranties of Seller made in this Agreement shall be deemed to be made on a joint and several basis by each entity comprising Seller, shall be true as of the date of this Agreement, shall be deemed to have been made again at and as of the Closing Date, shall be true at and as of the Closing Date, and, together with the covenants made by Seller herein, shall survive Closing for a period of one (1) year.
