Common use of Guarantee of Payment Clause in Contracts

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 24 contracts

Samples: Guarantee and Collateral Agreement (Fairway Group Holdings Corp), Guarantee and Collateral Agreement (Deltek, Inc), Second Lien Credit Agreement (STR Holdings (New) LLC)

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Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder Guarantee constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent Trustee or any other Secured Party Holder of the Securities to any security the security, if any, held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personObligations.

Appears in 23 contracts

Samples: Indenture (Kroger Co), Supplemental Indenture (Kroger Co), Twentieth Supplemental Indenture (Kroger Co)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 22 contracts

Samples: Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.), Guarantee and Collateral Agreement (Blockbuster Inc), Collateral and Guarantee Agreement (Healthsouth Corp)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 20 contracts

Samples: Guarantee Agreement (Triton PCS Holdings Inc), Pledge Agreement (Triton PCS Inc), Credit Agreement (Shared Technologies Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other person.

Appears in 20 contracts

Samples: Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Loan Agreement (American Healthways Inc), Revolving Credit Agreement (Watsco Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 19 contracts

Samples: Guarantee and Collateral Agreement (Claires Stores Inc), Guarantee and Collateral Agreement (Verso Paper Corp.), Intercreditor Agreement (Claires Stores Inc)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 15 contracts

Samples: Second Lien Guarantee and Collateral Agreement (Jda Software Group Inc), Guarantee Agreement (West Corp), Credit Agreement (West Corp)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral any Agent or any other Secured Party to any security held for the payment of the Obligations or Lender to any balance of any Deposit Account deposit account or credit on the books of the Collateral any Agent or any other Secured Party Lender in favor of the any Borrower or any other personPerson.

Appears in 12 contracts

Samples: Credit Agreement (Molson Coors Brewing Co), Assignment and Assumption (Expedia, Inc.), Credit Agreement (Molson Coors Brewing Co)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 11 contracts

Samples: Credit and Guarantee Agreement (Gci Liberty, Inc.), Credit and Guarantee Agreement (General Communication Inc), Credit Agreement (General Communication Inc)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or Guaranteed Parties to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Guaranteed Party in favor of the Borrower or any other personPerson.

Appears in 9 contracts

Samples: Form of Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Guaranty Agreement (Willis Group Holdings LTD), Guarantee Agreement (American Axle & Manufacturing Holdings Inc)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower any Borrower, any Account Party or any other personPerson.

Appears in 8 contracts

Samples: Guarantee and Collateral Agreement (J C Penney Co Inc), Credit Agreement (J C Penney Co Inc), Guarantee and Collateral Agreement (J C Penney Co Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 8 contracts

Samples: Guarantee and Collateral Agreement (US Oncology Holdings, Inc.), Guarantee and Collateral Agreement (Ssa Global Technologies, Inc), Guarantee and Collateral Agreement (Wix Filtration Media Specialists, Inc.)

Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 8 contracts

Samples: Landlord Access Agreement (Sola International Inc), Credit Agreement (Fairchild Semiconductor International Inc), Credit Agreement (Shared Technologies Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any collateral security held for the payment of the Obligations or to any balance of any Deposit Account deposit or other account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the applicable Borrower or any other person.

Appears in 8 contracts

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

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.

Appears in 7 contracts

Samples: Second Lien Intercreditor Agreement (Cb Richard Ellis Group Inc), Guarantee and Pledge Agreement (Cbre Group, Inc.), Credit Agreement (Cbre Group, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 7 contracts

Samples: Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Xm Investment LLC)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower Borrowers or any other personPerson.

Appears in 7 contracts

Samples: Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp), Credit Agreement (Dennys Corp)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 7 contracts

Samples: Guarantee Agreement (Constar Inc), Guarantee Agreement (Constar International Inc), Credit Agreement (SCG Holding Corp)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower Company or any other personPerson.

Appears in 6 contracts

Samples: Guarantee and Collateral Agreement (Goodyear Tire & Rubber Co /Oh/), Guarantee and Collateral Agreement (Goodyear Tire & Rubber Co /Oh/), Collateral Agreement (Goodyear Tire & Rubber Co /Oh/)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.

Appears in 6 contracts

Samples: Guarantee and Collateral Agreement (Terex Corp), Guarantee and Collateral Agreement (Terex Corp), Guarantee and Collateral Agreement (Terex Corp)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.

Appears in 6 contracts

Samples: Pledge Agreement (Heico Corp), Subsidiary Guaranty Agreement (Easylink Services International Corp), Subsidiary Guaranty Agreement (Easylink Services International Corp)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Secured Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower any Loan Party or any other person.

Appears in 6 contracts

Samples: Execution Version (Amneal Pharmaceuticals, Inc.), Guarantee and Collateral Agreement (Impax Laboratories, LLC), Intercreditor Agreement (PET Acquisition LLC)

Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.

Appears in 6 contracts

Samples: Revolving Credit Agreement (ONEOK Partners LP), Guaranty Agreement (ONEOK Partners LP), Guaranty Agreement (ONEOK Partners LP)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and payable and not of collection, and waives any right (except such as shall be required by applicable law and cannot be waived) to require that any resort be had by the Collateral Agent or any other Loan Secured Party to any security held for the payment of the Loan Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (CDW Corp), Guarantee and Collateral Agreement (CDW Finance Corp), Guarantee and Collateral Agreement (CDW Corp)

Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Paying Agent or any other Secured Credit Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Paying Agent or any other Secured Credit Party in favor of the Borrower or any other personPerson.

Appears in 5 contracts

Samples: Guarantee Agreement (Federated Department Stores Inc /De/), Guarantee Agreement (Federated Department Stores Inc /De/), Credit Agreement (Federated Department Stores Inc /De/)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the its Guaranteed Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 5 contracts

Samples: Credit Agreement (Celanese CORP), Guarantee and Collateral Agreement (Celanese CORP), Collateral Agreement (Celanese CORP)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or Lender to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.

Appears in 5 contracts

Samples: Subsidiary Guarantee Agreement (Molson Coors Brewing Co), Term Loan Agreement (Molson Coors Brewing Co), Subsidiary Guarantee Agreement (Molson Coors Brewing Co)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 5 contracts

Samples: Subsidiary Guaranty Agreement (Kayne Anderson Energy Development Co), Subsidiary Guaranty Agreement (Newmarket Corp), Subsidiary Guaranty Agreement (Kayne Anderson Energy Development Co)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 5 contracts

Samples: Credit Agreement (Ryan's Restaurant Leasing Company, LLC), Guarantee and Collateral Agreement (Ryan's Restaurant Leasing Company, LLC), Guarantee and Collateral Agreement (Buffets Holdings, Inc.)

Guarantee of Payment. Each Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 5 contracts

Samples: Credit Agreement (Intersil Holding Co), Subsidiary Guarantee Agreement (Playboy Enterprises Inc), Subsidiary Guarantee Agreement (Applied Power Inc)

Guarantee of Payment. Each Subsidiary Guarantor further agrees that its guarantee hereunder the Guarantee constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 5 contracts

Samples: Intercreditor Agreement (Hechinger Co), Credit Agreement (Phillips Van Heusen Corp /De/), Credit Agreement (Hechinger Co)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Secured Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 5 contracts

Samples: Collateral Agreement (TransDigm Group INC), Collateral Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the fullest extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Secured Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 4 contracts

Samples: Intercreditor Agreement (Toys R Us Inc), Intercreditor Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower any Loan Party or any other person.

Appears in 4 contracts

Samples: Collateral Agreement (AZEK Co Inc.), Term Loan Guarantee and Collateral Agreement (CPG Newco LLC), Guarantee and Collateral Agreement (CPG Newco LLC)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.

Appears in 4 contracts

Samples: And Collateral Agreement (TRW Automotive Holdings Corp), First Lien Credit Agreement (CAESARS ENTERTAINMENT Corp), Guarantee and Collateral Agreement (TRW Automotive Inc)

Guarantee of Payment. Each Guarantor further hereby jointly and severally agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collectioncollection of the Guaranteed Obligations, and waives waives, to the extent permitted by applicable law, any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 4 contracts

Samples: Credit Agreement (Solutia Inc), Guarantee Agreement (Solutia Inc), Guarantee Agreement (Solutia Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Guaranteed Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Guaranteed Party in favor of the Borrower Sponsor or any other person.

Appears in 4 contracts

Samples: Loan Facility Agreement and Guaranty (Aaron's Company, Inc.), Loan Facility Agreement and Guaranty (Aaron's Company, Inc.), Guaranty Agreement (Aaron Rents Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the any Borrower or any other personPerson.

Appears in 4 contracts

Samples: Lease Agreement (Chart Industries Inc), Guarantee and Collateral Agreement (Chart Industries Inc), Lease Agreement (Chart Industries Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the fullest extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 4 contracts

Samples: Credit Agreement (Bristow Group Inc), Term Loan Credit Agreement (Bristow Group Inc), Possession Credit Agreement (Bristow Group Inc)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Polypore International, Inc.), Guarantee and Collateral Agreement (Polypore International, Inc.), Guarantee and Collateral Agreement (Daramic, LLC)

Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.

Appears in 4 contracts

Samples: Credit Agreement (Advance Auto Parts Inc), Term Loan Credit Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a continuing, absolute and unconditional guarantee of payment when due whether at stated maturity, upon acceleration or otherwise and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (T-Mobile US, Inc.), Guarantee Agreement (T-Mobile US, Inc.), Guarantee and Collateral Agreement (T-Mobile US, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party Lender in favor of the Borrower or any other person.

Appears in 4 contracts

Samples: Credit Agreement (Patriot Transportation Holding, Inc.), Credit Agreement (New Patriot Transportation Holding, Inc.), Credit Agreement (FRP Holdings, Inc.)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder Guarantee constitutes a guarantee of payment payment, performance and compliance when due and not a guarantee of collection, and waives any right to require that any resort be had by the Collateral Agent Trustee or any other Secured Party Holder of the Securities to any security the security, if any, held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personObligations.

Appears in 4 contracts

Samples: Reconciliation And (Hunt J B Transport Services Inc), First Supplemental Indenture (Express Scripts Holding Co.), Express Scripts Inc

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Ameripath Inc), Guarantee and Collateral Agreement (Medley Management Inc.), Credit Agreement (AGA Medical Holdings, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.

Appears in 4 contracts

Samples: Credit and Term Loan Agreement (Fpic Insurance Group Inc), Bridge Loan Agreement (Kaneb Services LLC), Subsidiary Guarantee Agreement (Kaneb Pipe Line Partners L P)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (United Surgical Partners International Inc), Credit Agreement (United Surgical Partners International Inc), Guarantee and Collateral Agreement (Usp Mission Hills, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Community Health Systems Inc), Guarantee and Collateral Agreement (Community Health Systems Inc), Guarantee and Collateral Agreement (Community Health Systems Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collectioncollection and, and to the fullest extent permitted by applicable Law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 3 contracts

Samples: Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.), Credit Agreement (Ashland Global Holdings Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 3 contracts

Samples: Intercreditor Agreement (Forterra, Inc.), Intercreditor Agreement (Forterra, Inc.), Intercreditor Agreement (Forterra, Inc.)

Guarantee of Payment. Each Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the fullest extent permitted by applicable Law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the Borrower Borrower, any Subsidiary Guarantor or any other personPerson.

Appears in 3 contracts

Samples: Credit Agreement (Ansys Inc), Subsidiary Guarantee Agreement (Ansys Inc), Subsidiary Guarantee Agreement (Ansys Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right (except such as shall be required by applicable law and cannot be waived) to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 3 contracts

Samples: Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and payable and not of collection, and waives any right (except such as shall be required by applicable law and cannot be waived) to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (CDW Finance Corp), Guarantee and Collateral Agreement (ConvergeOne Holdings, Inc.), Guarantee and Collateral Agreement (Forum Merger Corp)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower Borrower, any other Loan Party or any other personPerson.

Appears in 3 contracts

Samples: Guarantee and Subordination Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc), Credit Agreement (Winstar Communications Inc)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or Guaranteed Parties to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Guaranteed Party in favor of the any Borrower or any other personPerson.

Appears in 3 contracts

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

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Credit Agreement Secured Party to any security held for the payment of the Credit Agreement Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Credit Agreement Secured Party in favor of the Borrower Company or any other person.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Verso Paper Corp.), Guarantee and Collateral Agreement (Verso Paper Corp.), Credit Agreement (Verso Paper Corp.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Borrower Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Realogy Group LLC), Guarantee and Collateral Agreement (Realogy Group LLC), Guarantee and Collateral Agreement (Realogy Holdings Corp.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder the Guarantee constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 3 contracts

Samples: Intercreditor Agreement (Hechinger Co), Security Agreement (Hechinger Co), Credit Agreement (Hechinger Co)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and payable and not of collection, and waives any right (except such as shall be required by applicable law and cannot be waived) to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or Parent Borrower Guaranteed Obligations, as applicable, or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower Borrowers or any other person.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (VWR Funding, Inc.), Guarantee and Collateral Agreement (VWR Funding, Inc.), Guarantee and Collateral Agreement (VWR Funding, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Guaranteed Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit or other account or credit on the books of the Collateral Agent or any other Secured Guaranteed Party in favor of the Borrower Rayonier or any other person.

Appears in 3 contracts

Samples: Guarantee (Rayonier Inc), Guarantee (Rayonier Inc), Guarantee (Rayonier Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent Agents or any other Secured Party to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent Agents or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 3 contracts

Samples: Guarantee Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc), Guarantee Agreement (Polymer Group Inc)

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Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent Administrative Agent, any Issuing Bank or any other Secured Party Lender to any of the security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent Administrative Agent, any Issuing Bank or any other Secured Party Lender in favor of the Borrower or any other personPerson.

Appears in 3 contracts

Samples: Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower any Loan Party or any other person, or any other asset of any Loan Party.

Appears in 3 contracts

Samples: Guarantee Agreement (EVERTEC, Inc.), Guarantee Agreement (EVERTEC, Inc.), Guarantee Agreement (EVERTEC, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 3 contracts

Samples: Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc), Supplemental Indenture (Health Management Associates Inc)

Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower JCI or any other personPerson.

Appears in 3 contracts

Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), DCJ Guarantee Agreement (Dirsamex Sa De Cv), Jcisa Guarantee Agreement (Jafra Cosmetics International Sa De Cv)

Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the either Borrower or any other personPerson.

Appears in 3 contracts

Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Parent Guarantee Agreement (Jafra Cosmetics International Sa De Cv), Parent Guarantee Agreement (Dirsamex Sa De Cv)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Alpha Natural Resources, Inc.), Guarantee and Collateral Agreement (Massey Energy Co), Guarantee and Collateral Agreement (Foundation Coal Holdings, Inc.)

Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder the Guarantee constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 3 contracts

Samples: Parent Guarantee Agreement (Citadel Communications Corp), Parent Guarantee Agreement (Lpa Services Inc), Parent Guarantee Agreement (Wright Medical Group Inc)

Guarantee of Payment. Each Guarantor further agrees that its -------------------- guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 3 contracts

Samples: Credit Agreement (Ixl Enterprises Inc), Credit Agreement (Western Auto Supply Co/), Guarantee Agreement (Western Auto Supply Co/)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any collateral security held for the payment of the Obligations or to any balance of any Deposit Account deposit or other account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the Borrower ROC or any other person.

Appears in 3 contracts

Samples: Incremental Term Loan Agreement (Rayonier Inc), Incremental Term Loan Agreement (Rayonier Inc), 2016 Guarantee Agreement (Rayonier Inc)

Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the Borrower Borrowers or any other person.

Appears in 3 contracts

Samples: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Secured Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other person.

Appears in 3 contracts

Samples: Security Agreement (Virtus Investment Partners, Inc.), Agreement (Virtus Investment Partners, Inc.), Agreement (Virtus Investment Partners, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.

Appears in 3 contracts

Samples: Credit Agreement (Dresser Inc), Domestic Guarantee and Collateral Agreement (Dresser-Rand Group Inc.), Domestic Guarantee and Collateral Agreement (Dresser-Rand Group Inc.)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Loan Document Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 3 contracts

Samples: Guarantee and Security Agreement (National Mentor Holdings, Inc.), Guarantee and Security Agreement (21st Century Oncology Holdings, Inc.), Guarantee and Security Agreement (National Mentor Holdings, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower Company or any other person.

Appears in 3 contracts

Samples: Joinder Agreement (Verso Corp), Guarantee and Collateral Agreement (Noranda Aluminum Holding CORP), Credit Agreement (Noranda Aluminum Holding CORP)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Company or any other person.

Appears in 3 contracts

Samples: Credit Agreement (Verso Corp), Guarantee and Collateral Agreement (Verso Quinnesec REP Holding Inc.), Guarantee and Collateral Agreement (Verso Quinnesec REP Holding Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, collection and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the USR’s Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower USR or any other personPerson.

Appears in 2 contracts

Samples: Credit Agreement (Smith & Wesson Holding Corp), Smith & Wesson Holding Corp

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Revolving Credit Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 2 contracts

Samples: Guarantee Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Secured Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 2 contracts

Samples: Collateral Agreement (Local Insight Yellow Pages, Inc.), Guaranty and Collateral Agreement (Radiation Therapy Services Holdings, Inc.)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account (as defined in the Collateral Agreement) or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, the Co-Borrower or any other personPerson.

Appears in 2 contracts

Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, collection and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Holdings’ Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Holdings or any other personPerson.

Appears in 2 contracts

Samples: Credit Agreement (Smith & Wesson Holding Corp), Operating Companies Guaranty (Smith & Wesson Holding Corp)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the a Borrower or any other person.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Noranda Aluminum Acquisition CORP), Receivables Purchase Agreement (Berry Global Group Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the its Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.

Appears in 2 contracts

Samples: Guarantee and Pledge Agreement (BCP Crystal Holdings Ltd. 2), Guarantee and Pledge Agreement (Celanese CORP)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the applicable Borrower or any other personPerson.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (CCE Spinco, Inc.), Guarantee and Collateral Agreement (Live Nation, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the any Borrower or any other person.

Appears in 2 contracts

Samples: Credit Agreement (American Standard Companies Inc), Day Credit Agreement (American Standard Companies Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 2 contracts

Samples: Guarantee Agreement (Aerolink International Inc), Subsidiary Guarantee Agreement (Knowles Electronics LLC)

Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or Lender to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party Lender in favor of the any Subsidiary Borrower or any other person.

Appears in 2 contracts

Samples: Aaa Agreement (Kansas City Southern Industries Inc), Credit Facility Agreement (Kansas City Southern Industries Inc)

Guarantee of Payment. Each The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower JCISA or any other personPerson.

Appears in 2 contracts

Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Jci Guarantee Agreement (Jafra Cosmetics International Sa De Cv)

Guarantee of Payment. Each Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 2 contracts

Samples: Guarantee Agreement (Huntsman Packaging Corp), Guarantee Agreement (Foodbrands America Inc)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations Obligations, or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the any Borrower or any other personPerson.

Appears in 2 contracts

Samples: Intercreditor Agreement (CC Media Holdings Inc), Security Agreement (Clear Channel Communications Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the any Borrower or any other person.

Appears in 2 contracts

Samples: Collateral Agreement (Nalco Holding CO), Guarantee and Collateral Agreement (Nalco Energy Services Equatorial Guinea LLC)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at maturity, by acceleration upon one or more dates set for prepayment or otherwise) and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 2 contracts

Samples: Credit Agreement (Oscar Health, Inc.), Credit Agreement (Oscar Health, Inc.)

Guarantee of Payment. Each Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Purchase Money Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other personPerson.

Appears in 2 contracts

Samples: Purchase Money Loan Guarantee and Collateral Agreement (Sirius Xm Radio Inc.), Collateral Agreement (Sirius Xm Radio Inc.)

Guarantee of Payment. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Obligations Guaranteed Obligations, or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower any Guaranteed Party or any other personPerson.

Appears in 2 contracts

Samples: Guarantee Agreement (Prelude Systems, Inc.), Guarantee Agreement (KLIF Broadcasting, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other personPerson.

Appears in 2 contracts

Samples: Guarantee Agreement (Crown Holdings Inc), Guarantee Agreement (Crown Holdings Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Guaranteed Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower or any other person, or any other asset of the Borrower.

Appears in 2 contracts

Samples: Guarantee Agreement (TII Smart Solutions, Sociedad Anonima), Guarantee Agreement (EVERTEC, Inc.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other personPerson.

Appears in 2 contracts

Samples: Guaranty Agreement (Frank's International N.V.), Guaranty Agreement (Frank's International N.V.)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, collection and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the TCAC’s Obligations or to any balance of any Deposit Account deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower TCAC or any other personPerson.

Appears in 2 contracts

Samples: Credit Agreement (Smith & Wesson Holding Corp), Smith & Wesson Holding Corp

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Guaranteed Party to any security held for the payment of the Obligations or to any balance of any Deposit Account deposit or other account or credit on the books of the Collateral Agent or any other Secured Guaranteed Party in favor of the Borrower Rayonier or any other person.

Appears in 2 contracts

Samples: Guarantee (Rayonier Inc), Guarantee (Rayonier Inc)

Guarantee of Payment. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right (except such as shall be required by applicable law and cannot be waived) to require that any resort be had by the First-Lien Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any Deposit Account or credit on the books of the First-Lien Collateral Agent or any other Secured Party in favor of the Borrower Borrowers or any other person.

Appears in 2 contracts

Samples: Credit Agreement (Univision Communications Inc), First Lien Guarantee and Collateral Agreement (Univision Holdings, Inc.)

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