Common use of Guarantee of Obligations Clause in Contracts

Guarantee of Obligations. (A) The Company hereby (i) guarantees, as principal obligor and not as surety only, to the Banks the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans and all other obligations of Masco Europe to the Banks and the Agent under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent in connection with enforcing any obligations of Masco Europe hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes to be performed or observed on the part of Masco Europe and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent in connection with enforcing the obligations of the Company hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations").

Appears in 7 contracts

Samples: Credit Agreement (Masco Corp /De/), Credit Agreement (Masco Corp /De/), Assignment and Assumption Agreement (Masco Corp /De/)

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Guarantee of Obligations. (Aa) The Company Each Guarantor hereby (i) guarantees, as principal obligor and not as surety only, to the Banks the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans Advances and all other obligations of Masco Europe each Borrower to the Banks and the Agent under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent in connection with enforcing any obligations of Masco Europe the Borrowers hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes to be performed or observed on the part of Masco Europe each Borrower, (iii) guarantees the prompt and complete payment of all obligations and performance of all covenants of any Borrower under any interest rate or currency swap agreements or similar transactions with any Bank, and (iiiiv) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent in connection with enforcing the obligations of the Company Guarantor hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations").

Appears in 5 contracts

Samples: Loan Agreement (Jabil Circuit Inc), Loan Agreement (Jabil Circuit Inc), Day Loan Agreement (Jabil Circuit Inc)

Guarantee of Obligations. (Aa) The Company hereby (i) guarantees, as principal obligor and not as surety only, to the Banks Lenders the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans Advances and all other obligations of Masco Europe the Borrowing Subsidiaries to the Banks Lenders and the Agent under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks Lenders and the Agent in connection with enforcing any obligations of Masco Europe the Borrowing Subsidiaries hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes to be performed or observed on the part of Masco Europe the Borrowing Subsidiaries and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks Lenders or the Agent in connection with enforcing the obligations of the Company hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations").

Appears in 2 contracts

Samples: Credit Agreement (MSX International Inc), Credit Agreement (MSX International Business Services Inc)

Guarantee of Obligations. (Aa) The Company hereby (i) guarantees, as principal obligor and not as surety only, to the Banks the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans Advances and all other obligations of Masco Europe the Borrowing Subsidiaries to the Banks and the Agent under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent in connection with enforcing any obligations of Masco Europe the Borrowing Subsidiaries hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes to be performed or observed on the part of Masco Europe the Borrowing Subsidiaries and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent in connection with enforcing the obligations of the Company hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations").

Appears in 2 contracts

Samples: Credit Agreement (Handleman Co /Mi/), Credit Agreement (Handleman Co /Mi/)

Guarantee of Obligations. (Aa) The Company hereby (i) guarantees, as principal obligor and not as surety only, to the Banks the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans Advances and all other obligations Obligations of Masco Europe the Borrowing Subsidiaries to the Banks and the Agent under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent in connection with enforcing any obligations of Masco Europe the Borrowing Subsidiaries hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes other Loan Documents to be performed or observed on the part of Masco Europe the Borrowing Subsidiaries and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent in connection with enforcing the obligations of the Company hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations").

Appears in 1 contract

Samples: Credit Agreement (Handleman Co /Mi/)

Guarantee of Obligations. (Ai) The Company Each Guarantor hereby (ix) guarantees, as principal obligor and not as surety only, to the Banks Lender the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans Advances and all other obligations Obligations including the Notes, of Masco Europe Borrower to the Banks and the Agent Lender under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent Lender in connection with enforcing any obligations the Obligations of Masco Europe Borrower hereunder, including without limitation the reasonable fees and disbursements of counsel, (iiy) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes Note to be performed or observed on the part of Masco Europe Borrower and (iiiz) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent Lender in connection with enforcing the obligations of the Company Guarantors hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations.").

Appears in 1 contract

Samples: Loan and Security Agreement (Gaylord Companies Inc)

Guarantee of Obligations. (Aa) The Company hereby Guarantors (i) guarantees, as principal obligor jointly and not as surety only, severally guarantee to the Banks Lenders the prompt payment of the principal of and any and all accrued and unpaid interest (including without limitation interest which otherwise may cease to accrue by operation which, but for the filing of any insolvency lawa bankruptcy petition, rule, regulation or interpretation thereofwould have accrued on the principal amount of the Guaranteed Obligations) on the Loans and all other obligations of Masco Europe to the Banks and the Agent under this Agreement Loans, when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement the Notes and the NotesCredit Agreement, includingall reimbursement obligations under any letters of credit issued by the Agent for the account of the Company, and any and all other amounts which may be payable by the Company to the Lenders or the Agent in connection with or pursuant to any of the Operative Documents, including without limitation, fees, reimbursement obligations, limitation default interest, indemnification payments payments, and all reasonable costs and expenses incurred by the Banks and Lenders or the Agent in connection with enforcing any obligations of Masco Europe the Company thereunder, including without limitation the reasonable fees and disbursements of legal counsel, and (ii) agree to make prompt payment, on demand, of any and all costs and expenses incurred by the Lenders and the Agent in connection with enforcing the obligations of the Guarantors hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes to be performed or observed on the part of Masco Europe and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent in connection with enforcing the obligations of the Company hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all . All of the foregoing being are collectively referred to as the "Guaranteed Obligations").

Appears in 1 contract

Samples: Guaranty Agreement (Perrigo Co)

Guarantee of Obligations. (A) The Company hereby (i) guarantees, as principal obligor and not as surety only, to the Banks the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans and all other obligations of Masco Europe to the Banks and the Agent under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent in connection with enforcing any obligations of Masco Europe hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes to be performed or observed on the part of Masco Europe and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent in connection with enforcing the obligations of the Company hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations").disbursements

Appears in 1 contract

Samples: Credit Agreement (Masco Corp /De/)

Guarantee of Obligations. (Ai) The Company Each Guarantor hereby (ix) guarantees, as a principal obligor and not as surety only, to the Banks you the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans Advances and all other obligations Obligations, including the Note, of Masco Europe Borrower to the Banks and the Agent you under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement and the NotesNote, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent you in connection with enforcing any obligations the Obligations of Masco Europe Borrower hereunder, including without limitation the reasonable fees and disbursements of counsel, (iiy) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes Note to be performed or observed on the part of Masco Europe Borrower and (iiiz) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent you in connection with enforcing the obligations of the Company Guarantors hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations.").

Appears in 1 contract

Samples: Loan and Security Agreement (Diversified Corporate Resources Inc)

Guarantee of Obligations. (Aa) The Company Each Guarantor hereby (i) guarantees, as principal obligor and not as surety only, to the Banks Bank the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans Advances, all Rate Hedging Obligations owing to the Bank and all other obligations of Masco Europe the Company to the Banks and the Agent Bank under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement Agreement, the Note, and any Rate Hedging Agreements with the NotesBank, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent Bank in connection with enforcing any obligations of Masco Europe the Company hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement Agreement, the Note and any Rate Hedging Agreements with the Notes Bank to be performed or observed on the part of Masco Europe the Company and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent Bank in connection with enforcing the obligations of the Company Guarantors hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed ---------- Obligations").. -----------

Appears in 1 contract

Samples: Execution Copy Credit Agreement (Petroleum Development Corp)

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Guarantee of Obligations. (Aa) The Company Guarantor hereby (i) guarantees, as principal obligor and not as surety only, to the Banks Bank the prompt payment of the principal of and any and 57 all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Advances and Loans and all other obligations of Masco Europe the Borrowers to the Banks and Bank under the Agent under this Agreement Agreements when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement the Agreements and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent Bank in connection with enforcing any obligations of Masco Europe the Borrowers hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement the Agreements and the Notes to be performed or observed on the part of Masco Europe the Borrowers and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent Bank in connection with enforcing the obligations of the Company Guarantor hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations").

Appears in 1 contract

Samples: Loan Agreement (Ajk Enterprises Inc)

Guarantee of Obligations. (Aa) The Company hereby (i) guarantees, as principal obligor and not as surety only, to the Banks the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans and all other obligations of Masco Europe the Subsidiary Borrowers to the Banks and the Agent under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent in connection with enforcing any obligations of Masco Europe the Subsidiary Borrowers hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes to be performed or observed on the part of Masco Europe the Subsidiary Borrowers and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent in connection with enforcing the obligations of the Company hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations").

Appears in 1 contract

Samples: Credit Agreement (Masco Corp /De/)

Guarantee of Obligations. (Ai) The Company Each Guarantor hereby (ix) guarantees, as principal obligor and not as surety only, to the Banks Lender the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans Advances and all other obligations Obligations, including the Notes, of Masco Europe Borrower to the Banks and the Agent Lender under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent Lender in connection with enforcing any obligations the Obligations of Masco Europe Borrower hereunder, including without limitation the reasonable fees and disbursements of counsel, (iiy) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement and the Notes to be performed or observed on the part of Masco Europe Borrower and (iiiz) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent Lender in connection with enforcing the obligations of the Company Guarantors hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations.").

Appears in 1 contract

Samples: Loan and Security Agreement (Rolling Pin Kitchen Emporium Inc)

Guarantee of Obligations. (Aa) The Company Each Guarantor hereby (i) guarantees, as principal obligor and not as surety only, to the Banks the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans Advances and all other obligations of Masco Europe the Company to the Banks and the Agent Agents under this Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this Agreement Agreement, the Notes and the NotesSecurity Documents, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent Agents in connection with enforcing any obligations of Masco Europe the Company hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this Agreement Agreement, the Notes and the Notes Security Documents to be performed or observed on the part of Masco Europe the Company and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent Agents in connection with enforcing the obligations of the Company Guarantors hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations").

Appears in 1 contract

Samples: Security Agreement (Sos Staffing Services Inc)

Guarantee of Obligations. (Aa) The Company Each Guarantor hereby (i) guarantees, as principal obligor and not as surety only, to the Banks the prompt payment of the principal of and any and all accrued and unpaid interest (including interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) on the Loans Advances and all other obligations of Masco Europe the Borrowers to the Banks and the Agent under this the Credit Agreement when due, whether by scheduled maturity, acceleration or otherwise, all in accordance with the terms of this the Credit Agreement and the Notes, including, without limitation, fees, reimbursement obligations, default interest, indemnification payments and all reasonable costs and expenses incurred by the Banks and the Agent in connection with enforcing any obligations of Masco Europe the Borrowers hereunder, including without limitation the reasonable fees and disbursements of counsel, (ii) guarantees the prompt and punctual performance and observance of each and every term, covenant or agreement contained in this the Credit Agreement and the Notes to be performed or observed on the part of Masco Europe the Borrowers and (iii) agrees to make prompt payment, on demand, of any and all reasonable costs and expenses incurred by the Banks or the Agent in connection with enforcing the obligations of the Company each Guarantor hereunder, including, without limitation, the reasonable fees and disbursements of counsel (all of the foregoing being collectively referred to as the "Guaranteed Obligations").

Appears in 1 contract

Samples: Credit Agreement (Handleman Co /Mi/)

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