Common use of Guaranties Clause in Contracts

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 114 contracts

Samples: Credit Agreement (Natural Alternatives International Inc), Amended and Restated Credit Agreement (Sportsmans Guide Inc), Credit Agreement (Startek Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Lender.

Appears in 4 contracts

Samples: Credit Agreement (Consonus Technologies, Inc.), Credit Agreement (Consonus Technologies, Inc.), Credit Agreement (Vicon Industries Inc /Ny/)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any Subsidiary as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 4 contracts

Samples: Credit Agreement (Synaptics Inc), Natrol Inc, Keith Companies Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, for any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 3 contracts

Samples: Credit Agreement (Rentrak Corp), American Woodmark Corp, Credit Agreement (Invivo Corp)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Lender.

Appears in 3 contracts

Samples: Term Loan Agreement (Vicon Industries Inc /Ny/), Second Amended and Restated Credit Agreement (Vicon Industries Inc /Ny/), Amended and Restated Credit Agreement (Vicon Industries Inc /Ny/)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and guaranties by Borrower of real property lease obligations of its Subsidiaries not exceeding in the aggregate $100,000.00 outstanding at any time.

Appears in 3 contracts

Samples: Credit Agreement (Natus Medical Inc), Credit Agreement (Natus Medical Inc), Credit Agreement (Natus Medical Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of as disclosed in the foregoing in favor of Bank Information Certificate.

Appears in 3 contracts

Samples: Loan Agreement (Iomega Corp), Loan Agreement (Stevens International Inc), Loan Agreement (Advanced Materials Group Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except except, if applicable, any of the foregoing in favor of Bank an Asset Based Lender pursuant an Asset Based Credit Facility or any holder of any Additional Debt Facility otherwise permitted hereunder.

Appears in 3 contracts

Samples: Restated Credit Agreement (Purple Innovation, Inc.), Restated Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity , except any of the foregoing in favor of Bank .

Appears in 3 contracts

Samples: Line of Credit (Provena Foods Inc), Letter of Credit (Lecg Inc), Lecg Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or Subsidiary as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 3 contracts

Samples: Amended and Restated Credit Agreement (Lacrosse Footwear Inc), Credit Agreement (Lacrosse Footwear Inc), Lacrosse Footwear Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any Material Subsidiary as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 3 contracts

Samples: Second Amended and Restated Credit Agreement (Lacrosse Footwear Inc), Second Amended and Restated Credit Agreement (Lacrosse Footwear Inc), Third Amended and Restated Credit Agreement (Lacrosse Footwear Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of the Borrower as security for, any liabilities or obligations of any other person or entity Person, except any of the foregoing in favor of Bank Lender.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement

Guaranties. Guarantee or become liable liable, or permit any of Borrower’s subsidiaries to guarantee or become liable, in any way as surety, endorser (other than as the endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any of Borrower’s subsidiaries as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank , or those liabilities of Borrower and Borrower’s subsidiaries existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 3 contracts

Samples: Credit Agreement (Employers Holdings, Inc.), Amended and Restated Credit Agreement (Employers Holdings, Inc.), Second Amended and Restated Credit Agreement (Employers Holdings, Inc.)

Guaranties. Guarantee Borrower shall not, and shall not permit any Subsidiary thereof to, guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor or pledge or hypothecate any assets of Borrower thereof as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 2 contracts

Samples: Second Amended and Restated Credit Agreement (Staar Surgical Company), Amended and Restated Credit Agreement (Staar Surgical Company)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets Assets of the Borrower as security for, any liabilities or obligations of any other person or entity Person, except any of the foregoing in favor of Bank Lender.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity entity (other than Borrower or POCI), except any of the foregoing in favor of Bank , or allow POCI to do any of the foregoing, except that Borrower and POCI may guarantee or become liable for indebtedness otherwise permitted under Section 5.2 and Borrower and POCI may incur Permitted Liens (as defined below).

Appears in 2 contracts

Samples: Credit Agreement (Peets Coffee & Tea Inc), Credit Agreement (Peets Coffee & Tea Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity Person, except any of the foregoing in favor of Bank Bank or with respect to Permitted Indebtedness.

Appears in 2 contracts

Samples: Second Amended and Restated Credit Agreement (Red Lion Hotels CORP), Amended and Restated Credit Agreement (Red Lion Hotels CORP)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except (a) any of the foregoing in favor of Bank , and (b) limited recourse guarantees entered into n the ordinary course of business in connection with customer financing transactions.

Appears in 2 contracts

Samples: Credit Agreement (Lindsay Corp), Lindsay Manufacturing Co

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except (a) any of the foregoing in favor of Bank , and (b) that certain guaranty by Borrower in connection with the obligations of SGI to National Australia Bank not to exceed $10,000,000.00 at any time.

Appears in 2 contracts

Samples: Credit Agreement (S&W Seed Co), Credit Agreement (S&W Seed Co)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and additional guaranties in amounts not to exceed an aggregate of $500,000.00.

Appears in 2 contracts

Samples: Credit Agreement (In Focus Systems Inc), Credit Agreement (In Focus Systems Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and except by way of issuing standby letters of credit pursuant to Section 1.1 (b) of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (SJW Corp), Credit Agreement (SJW Corp)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and except for guaranties by Borrower of obligations of subsidiaries (so long as such subsidiaries are consolidated for accounting purposes under GAAP) under leases or for the purchase of goods used in such subsidiaries’ ordinary course of business.

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Cray Inc), Amended and Restated Credit Agreement (Cray Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and except for guaranties of the obligations of Borrower's foreign affiliates not to exceed an aggregate of $150,000.00 outstanding at any time.

Appears in 2 contracts

Samples: Line of Credit (Motorcar Parts & Accessories Inc), Motorcar Parts & Accessories Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank , guaranties by Borrower of Smart(Europe)'s trade debt incurred in the ordinary course of business, and guaranties existing in and disclosed in writing to Bank prior to the date hereof.

Appears in 2 contracts

Samples: Smart Modular Technologies Inc, Smart Modular Technologies Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Lenders and except as any such liability constitutes Permitted Indebtedness.

Appears in 2 contracts

Samples: Axt Inc, Axt Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank as permitted under Section 5.4.

Appears in 2 contracts

Samples: Intervoice Inc, Intervoice Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of that Borrower may guarantee the foregoing in favor of Bank Culp Europe Indebtedness.

Appears in 2 contracts

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

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower any Loan Party as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Antero Midstream GP LP)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower such Person as security for, any liabilities or obligations of any other person or entity, except (a) any of the foregoing in favor of Bank , and (b) guaranties by Borrower of real property lease obligations of its Subsidiaries not exceeding in the aggregate $500,000.00 outstanding at any time.

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Natus Medical Inc), Third Amended and Restated Credit Agreement (Natus Medical Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower such Person as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and guaranties by Borrower of real property lease obligations of its Subsidiaries not exceeding in the aggregate $500,000.00 outstanding at any time.

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Natus Medical Inc), Second Amended and Restated Credit Agreement (Natus Medical Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower the Loan Parties as security for, any liabilities or obligations of any other person or entity, entity except the liabilities of Guarantor to Lender under this Agreement and any of other guarantees permitted under the foregoing in favor of Bank Revolving Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Rentech Inc /Co/), Credit Agreement (Rentech Nitrogen Partners, L.P.)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any of its assets of Borrower as security for, any liabilities or obligations of any other person Person, or entity permit any Subsidiary to do so, except any of the foregoing in favor of Bank. except:

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Columbia Sportswear Co), Credit Agreement (Columbia Sportswear Co)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor or pledge or hypothecate any assets of Borrower or any Subsidiary as security for, any liabilities or obligations of any other person or entity, Person except any of the foregoing in favor of Bank required by this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Ajay Sports Inc), Credit Agreement (Ajay Sports Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for , . nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 2 contracts

Samples: Credit Agreement (Fallbrook Technologies Inc), Credit Agreement (Advanced Energy Industries Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the the-ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity , except any of the foregoing in favor of Bank .

Appears in 2 contracts

Samples: Chalone Wine Group LTD, Chalone Wine Group LTD

Guaranties. Guarantee Borrower shall not guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, entity except any of the foregoing in favor of Bank required by this Agreement.

Appears in 1 contract

Samples: Mobility Electronics Inc

Guaranties. Guarantee Borrower shall not, nor shall it permit any Subsidiary to, guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except for (a) any of the foregoing in favor of Bank , (b) any of the foregoing existing as of and disclosed by Borrower to Bank in writing prior to the date hereof.

Appears in 1 contract

Samples: Smtek International Inc

Guaranties. Guarantee Borrower will not, and will not permit any Subsidiary to, guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Credit Agreement (Willdan Group, Inc.)

Guaranties. Guarantee Borrower will not, and will not permit any subsidiary to, guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any subsidiary as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank . . 8

Appears in 1 contract

Samples: Credit Agreement (Simulations Plus Inc)

Guaranties. Guarantee Each Borrower will not guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any of its assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Gen Probe Inc

Guaranties. Guarantee Each Credit Party will not guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower such Credit Party as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Credit Agreement (Zumiez Inc)

Guaranties. Guarantee Except for its Foreign Subsidiaries, guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Credit Agreement (Key Tronic Corp)

Guaranties. Guarantee Except for up to $5,000,000 of guaranties of the obligations of its Malaysian Subsidiary, guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, Person except any of the foregoing in favor of Bank required by this Agreement.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Praegitzer Industries Inc)

Guaranties. Guarantee Except for up to $5,000,000 of guaranties of the obligations of its Malaysian Subsidiary, guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any Subsidiary as security for, any liabilities or obligations of any other person or entity, Person except any of the foregoing in favor of Bank required by this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Praegitzer Industries Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable 14. instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and the Permitted Liens.

Appears in 1 contract

Samples: Line of Credit (Stratford American Corp)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, for nor pledge or hypothecate any assets of Borrower as security for, for any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Credit Agreement (Natures Sunshine Products Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank or in connection with office leases, equipment leases or vendor contracts entered into in the ordinary course of business.

Appears in 1 contract

Samples: Credit Agreement (Axt Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, for any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Micrus Corp

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, Person except any of the foregoing in favor of Bank required by this Agreement.

Appears in 1 contract

Samples: Itron Inc /Wa/

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity Person, except other than (a) any of the foregoing in favor of Bank , and (b) any guarantee made by Borrower and/or the Obligors in respect of each other’s Permitted Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Korn Ferry International)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Person.

Appears in 1 contract

Samples: Credit and Security Agreement (Kewaunee Scientific Corp /De/)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity entity in an aggregate amount at any time in excess of $1,000,000.00, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Simpson Manufacturing Co Inc /Ca/

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity entity in an amount in excess of $250,000, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Credit Agreement (Orion Energy Systems, Inc.)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except (a) any of the foregoing in favor of Bank Bank and (b) any guarantees existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Emeritus Corp\wa\)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except (a) any of the foregoing in favor of Bank Bank and (b) in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Credit Agreement (Power Integrations Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except (a) any of the foregoing in favor of Bank Bank and (b) surety bonds up to $30,000,000.00 outstanding at any time.

Appears in 1 contract

Samples: Continuing Security Agreement (Englobal Corp)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except (a) any of the foregoing in favor of Bank Bank or (b) any permitted pursuant to Section 5.2 hereof.

Appears in 1 contract

Samples: Credit Agreement (Corio Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except (i) any of the foregoing in favor of Bank Agent and Lenders pursuant to the Loan Documents, and (ii) in the ordinary course of Borrower's business.

Appears in 1 contract

Samples: Credit Agreement (Power Integrations Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except (i) any of the foregoing in favor of Bank , and (ii) in the ordinary course of Borrower's business.

Appears in 1 contract

Samples: Credit Agreement (Power Integrations Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except (i) any of the foregoing in favor of Bank CPC, and (ii) any guarantees of obligations of wholly-owned subsidiaries with respect to any lease obligations.

Appears in 1 contract

Samples: Credit Agreement (Datalink Corp)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except Borrower's guaranty of obligations arising under the MCA Loan Documents, any of the foregoing in favor of Bank Lender or as described in Intercreditor Agreement.

Appears in 1 contract

Samples: Allis Chalmers Corp

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of o-f Bank.

Appears in 1 contract

Samples: Hall Kinion & Associates Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank .

Appears in 1 contract

Samples: Laser Power Corp/Fa

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and any of the foregoing which does not equal or exceed $1,000,000.00 in the aggregate at anytime.

Appears in 1 contract

Samples: Gametech International Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and except for any of the foregoing on behalf of a subsidiary.

Appears in 1 contract

Samples: Loan Agreement (Utah Medical Products Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and except for guaranties of the obligations of Borrower's foreign affiliates identified on Schedule 5.4 not to exceed an aggregate of $100,000.00 outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Motorcar Parts & Accessories Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank except as guarantor of contracts for a subsidiary in the ordinary course of business.

Appears in 1 contract

Samples: Credit Agreement (SBS Technologies Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank or any other person if the aggregate amount of the foregoing does not exceed $10,000,000 at any one time.

Appears in 1 contract

Samples: Credit Agreement (Werner Enterprises Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank or existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Natural Alternatives International Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank or for or on behalf of any subsidiary of Borrower in an amount in excess of $5,000,000 in the aggregate.

Appears in 1 contract

Samples: Credit Agreement (Globus Medical Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank , and except additional guaranties in amounts not to exceed an aggregate of $1,000,000.00 outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Flexsteel Industries Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank , and except additional guaranties in amounts not to exceed an aggregate of $5,000,000.00 outstanding at any time.

Appears in 1 contract

Samples: Credit Agreement (Globus Medical Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank . , except those disclosed in Exhibit "E."

Appears in 1 contract

Samples: Itron Inc /Wa/

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank . . DOCSOC/1656044v2/018854-0004 Exhibit 10.27

Appears in 1 contract

Samples: Credit Agreement (Endologix Inc /De/)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Lender and except in favor of Borrower's subsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Ipg Photonics Corp)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of as disclosed in the foregoing Information Certificate plus, from and after the date hereof, in favor of Bank an additional aggregate amount not to exceed $100,000.00.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Titan Motorcycle Co of America Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except for (a) any of the foregoing in favor of Bank , and (b) any of the foregoing existing as of and disclosed to Bank in writing prior to the date hereof.

Appears in 1 contract

Samples: Credit Agreement (Southwest Water Co)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any guaranties of the foregoing obligations of Borrower's foreign affiliates in favor amounts not to exceed an aggregate of Bank $150,000.00 at any time.

Appears in 1 contract

Samples: Motorcar Parts & Accessories Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, nor permit any subsidiary to do any of the foregoing in its own respect and it respect of its assets, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Credit Agreement (Dionex Corp /De)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or ENB Delaware as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Enb Bankshares Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or NWMI as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Natural Wonders Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any Guarantor as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Credit Agreement (Bebe Stores, Inc.)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any Subsidiary Guarantor as security for, any liabilities or obligations for borrowed money of any other person or entity, except any of the foregoing in favor of Bank connection with indebtedness permitted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Intermec, Inc.)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any Subsidiary Guarantor as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Credit Agreement (Arden Group Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any Subsidiary as security for, any liabilities or obligations of any other person Person or entity, nor permit any Subsidiary to do any of the foregoing, except (a) any of the foregoing in favor of Bank Lender and (b) guaranty associated with Union Bank Campus Card Program.

Appears in 1 contract

Samples: Apollo Group Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any of its Subsidiaries as security for, any liabilities or obligations of any other person Person or entity, except any for (i) Permitted Liens, and (ii) guaranties of the foregoing in favor of Bank Permitted Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Conceptus Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any of its subsidiaries as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Credit Agreement (GoPro, Inc.)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower or any subsidiary as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank. Person except:

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower, any Guarantor or any subsidiary of Borrower or Guarantor, as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and except those existing on the date hereof and disclosed on Schedule 5.6 hereto.

Appears in 1 contract

Samples: Credit Agreement (Communications Systems Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower any Loan Party as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Lender.

Appears in 1 contract

Samples: Loan Agreement (Impac Mortgage Holdings Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower such Obligor as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank , other than guaranties issued in the ordinary course of business on behalf of operating subsidiaries of Borrower that do not in the aggregate at any given time exceed $10,000,000.

Appears in 1 contract

Samples: Credit Agreement (Marcus & Millichap, Inc.)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower such Person as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank constituting Permitted Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Micrus Endovascular Corp)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any of it's assets of Borrower as security for, any liabilities or obligations of any other person or entity, unless the Borrower or a Guarantor, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Winnebago Industries Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower its property as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank as contemplated hereby, except only in the case of Borrower’s Subsidiaries, or operating leases or trade credit.

Appears in 1 contract

Samples: Credit Agreement (Acr Group Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets portion of Borrower the collateral required under this Agreement as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank or as previously disclosed in writing to Bank.

Appears in 1 contract

Samples: Nexstar Pharmaceuticals Inc

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor or pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank Bank and unsecured guarantees of obligations of its subsidiaries not in excess of $250,000 in the aggregate outstanding at any one time.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Data Systems Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor or pledge or hypothecate any assets of any Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank. Bank.fb.us.7363807.04

Appears in 1 contract

Samples: Credit Agreement (Communications Systems Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor or pledge or hypothecate any of its assets of Borrower as security for, any liabilities or obligations of any other person or entity Person, including any Contingent Liability, except any of the foregoing in favor of Bank the Purchaser.

Appears in 1 contract

Samples: Note Purchase Agreement (Lapolla Industries Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as endorser of or negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of or any other person or entity, except any of the foregoing in favor of Bank.

Appears in 1 contract

Samples: Third Party Security Agreement (Auto Graphics Inc)

Guaranties. Guarantee or become liable in any way as surety, endorser (other than as the endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank , or those liabilities of Borrower existing as of, and disclosed to Bank prior to, the date hereof.

Appears in 1 contract

Samples: Third Amended and Restated Credit Agreement (Employers Holdings, Inc.)