Common use of Guaranties Clause in Contracts

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor, or any Guarantor or Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 10 contracts

Samples: Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 9 contracts

Samples: Credit Agreement (Bway Corp), Credit Agreement (Phoenix Container, Inc.), Term Loan Credit Agreement (OCI Partners LP)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 8 contracts

Samples: Amended and Restated Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Trico Marine Services Inc), Amendment to Amended and Restated Credit Agreement (Atwood Oceanics Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor any Guarantor (other than any Guarantor otherwise qualifying as an Excluded Subsidiary, whether or not so designated), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm in writing such Guarantor’s obligations under the relevant Guaranty, Guaranty to which it is a party or any Guarantor (other than any Guarantor otherwise qualifying as an Excluded Subsidiary, whether or not so designated) shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 8 contracts

Samples: Term Loan Credit Agreement (PAE Inc), Revolving Credit Agreement (PAE Inc), Term Loan Credit Agreement (PAE Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant effect, or any Guarantor, or any Guarantor or Person acting by or on behalf of such Guarantor Guarantor, shall deny or disaffirm such Guarantor’s its obligations under the relevant Guaranty any Guaranty to which it is party, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise any Guaranty to an Event of Default under this Section 10.08 which it is party; or

Appears in 8 contracts

Samples: Amendment to Amended and Restated Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)

Guaranties. Any At any time after the execution and delivery thereof, any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by or on behalf of such any Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant respective Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event respective Guaranty and such default shall not give rise to an Event of Default under this Section 10.08 continue beyond any grace period specifically applicable thereto; or

Appears in 7 contracts

Samples: Amended and Restated Credit Agreement (Golden Sky Systems Inc), Amended and Restated Credit Agreement (Primewatch Inc), Credit Agreement (Reckson Services Industries Inc)

Guaranties. Any Guaranty or any material provision thereof shall cease to be in full force or effect as to any Guarantor (except as a result of a release of any Guarantor in accordance with the relevant Guarantor terms thereof), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm in writing such Guarantor’s obligations under the relevant Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part Guaranty to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 which it is a party; or

Appears in 5 contracts

Samples: Abl Credit Agreement (J.Jill, Inc.), Term Loan Credit Agreement (J.Jill, Inc.), Term Loan Credit Agreement (J.Jill, Inc.)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to any Guarantor (except as a result of a release of any Guarantor in accordance with the relevant Guarantor terms thereof), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 5 contracts

Samples: Credit Agreement (Shuffle Master Inc), Credit Agreement (Shuffle Master Inc), Credit Agreement (Shuffle Master Inc)

Guaranties. Any Guaranty The Guaranties or any provision thereof shall cease ---------- to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any material term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 5 contracts

Samples: Credit Agreement (Wesley Jessen Visioncare Inc), Credit Agreement (Wesley Jessen Holding Inc), Nutraceutical International Corp

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 4 contracts

Samples: Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (Golden Telecom Inc), Credit Agreement (First Horizon Pharmaceutical Corp)

Guaranties. Any Other than in accordance with its terms, any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 4 contracts

Samples: Assignment and Assumption Agreement, Term Loan Credit Agreement, Term Loan Credit Agreement (OCI Partners LP)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm in writing such Guarantor’s obligations under the relevant Guaranty, Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Vertiv Holdings Co), Term Loan Credit Agreement (Vertiv Holdings Co), Term Loan Credit Agreement (Vertiv Holdings Co)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor, or any Guarantor or Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 3 contracts

Samples: Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)

Guaranties. Any Except in accordance with the express terms of the respective Guaranty, any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor, or any Guarantor or Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, or any Guarantor shall default in the due performance or observance (beyond any applicable grace period) of any term, covenant or agreement on its part to be performed or observed pursuant to its such Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 3 contracts

Samples: Amendment to Credit Agreement (Starwood Hotel & Resorts Worldwide, Inc), Credit Agreement (Starwood Hotel & Resorts Worldwide Inc), Credit Agreement (Starwood Hotels & Resorts)

Guaranties. Any Guaranty The guaranty given by any Guarantor hereunder or any material provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor hereunder or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty such guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 any guaranty; or

Appears in 3 contracts

Samples: Credit Agreement (United Dominion Realty Trust Inc), United Dominion Realty Trust Inc, United Dominion Realty Trust Inc

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 2 contracts

Samples: Credit Agreement (Atlas Air Worldwide Holdings Inc), Credit Agreement (Intelsat LTD)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, its Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 2 contracts

Samples: Credit Agreement (Town Sports International Holdings Inc), Credit Agreement (Town Sports International Holdings Inc)

Guaranties. Any Guaranty Except as the result of or in connection with a dissolution, merger or disposition of a Subsidiary not prohibited herein, or in accordance with Section 4 hereof, the guaranty given by any provision thereof Guarantor hereunder shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor hereunder or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty such guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 any guaranty; or

Appears in 2 contracts

Samples: Credit Agreement (CNL Retirement Properties Inc), Credit Agreement (CNL Retirement Properties Inc)

Guaranties. Any Guaranty The Guarantee Agreement or any provision thereof shall cease to be in full force or effect as to any Guarantor (except as a result of a release of any Guarantor in accordance with the relevant Guarantor terms thereof), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, Guarantee Agreement or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 Guarantee Agreement; or

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Pyxus International, Inc.), Abl Credit Agreement (Pyxus International, Inc.)

Guaranties. Any Guaranty The Guaranties or any material provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that any Guaranty and such Guarantor shall fail to promptly take any and all steps requested by the occurrence of an Excluded Event shall not give rise Agents to an Event of Default under this Section 10.08 remedy such default; or

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Pool Energy Services Co), Pool Energy Services Co

Guaranties. Any Guaranty The Guaranties or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any material term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 2 contracts

Samples: Credit Agreement (Advanced Medical Inc), Credit Agreement (Dade Behring Inc)

Guaranties. Any Guaranty The Guaranties or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Tristar Aerospace Co), Credit Agreement (American Pad & Paper Co)

Guaranties. Any Guaranty The Guaranties or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor thereunder or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Pueblo Xtra International Inc), Amended and Restated Credit Agreement (Pueblo Xtra International Inc)

Guaranties. Any The Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its the Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Trico Marine Services Inc), Second Amended and Restated Credit Agreement (Trico Marine Services Inc)

Guaranties. Any a) Except in accordance with the express terms of the respective Guaranty, any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor, or any Guarantor or Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, or (b) any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its such Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 2 contracts

Samples: Credit Agreement (Starwood Lodging Corp), Credit Agreement (Alpine Group Inc /De/)

Guaranties. Any After the execution and delivery thereof, ---------- any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, its Guaranty or any Guarantor shall default default, beyond the applicable grace period expressly provided therein, if any, in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Big v Supermarkets Inc)

Guaranties. Any Guaranty Guarantee Agreement or any provision thereof shall (other than as a result of the actions taken by Administrative Agent or the Lenders to release such Guarantee Agreement) cease to be in full force or and effect as to the relevant Guarantor in accordance with its terms, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guarantee Agreement or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to any Guarantee Agreement or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its Guaranty; provided that the occurrence of an Excluded Event shall not give rise part to an Event of Default under this Section 10.08 be performed or observed pursuant to any Guarantee Agreement; or

Appears in 1 contract

Samples: Credit Agreement (Huntsman Advanced Materials (UK) LTD)

Guaranties. Any Guaranty or any provision in respect thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, with respect to such Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Trico Marine Services Inc)

Guaranties. Any Guaranty or any provision thereof shall cease ---------- to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Pacer Express Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to ---------- be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, its Guaranty or any Guarantor shall default in the due performance or observance of any material term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Physicians Quality Care Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to ---------- be in full force or effect (other than as a result of a merger of a Subsidiary Guarantor permitted pursuant to the relevant Guarantor Section 8.02), or any such Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, such Guaranty or any Guarantor shall default in the due performance or observance of any material term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: HCC Industries International

Guaranties. Any Guaranty or any provision thereof shall cease to ---------- be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, its Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Nm Licensing LLC

Guaranties. Any Guaranty or any provision thereof shall cease to be ---------- in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, its Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Workflow Management Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any material term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or or -61-

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Waters Corp /De/)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Pine Holdings Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, its Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Workflow Management Inc

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect (except in accordance with the terms thereof) as to the relevant any Guarantor, or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, such Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under such Guaranty and such default described in this Section 10.08 10.08 shall continue unremedied for a period of 30 days after written notice thereof to the Lenders by the Administrative Agent, the Collateral Agent or the Required Lenders; or

Appears in 1 contract

Samples: Term Loan Agreement (Aleris International, Inc.)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect (except in accordance with the terms thereof) as to the relevant any Guarantor, or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, such Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under such Guaranty and such default described in this Section 10.08 11.08 shall continue unremedied for a period of 30 days after written notice thereof to the Lenders by the Administrative Agent, the Collateral Agent or the Required Lenders; or

Appears in 1 contract

Samples: Credit Agreement (Aleris International, Inc.)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect (except in accordance with the terms thereof) as to the relevant Guarantor, or any Guarantor or Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Exide Technologies)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect (except in accordance with the terms thereof) as to the relevant Guarantor, or any Guarantor or Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Exide Technologies)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to any Guarantor (except as a result of a release of any Guarantor in accordance with the relevant Guarantor terms thereof), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s Holdings’ obligations under the relevant Guaranty, Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 1 contract

Samples: Reimbursement Agreement (Endeavour International Corp)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to any Guarantor (except as a result of a release of any Guarantor in accordance with the relevant Guarantor terms thereof), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its the Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Mfa Financial, Inc.)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to any Guarantor (except as a result of a release of any Subsidiary Guarantor in accordance with the relevant Guarantor terms thereof), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 1 contract

Samples: Credit Agreement (Global Cash Access Holdings, Inc.)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to any Guarantor (except in accordance with the relevant Guarantor terms thereof), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, Guaranty to which it is a party (other than as a result of the release of any Guarantor from its Guaranty in accordance with the terms thereof) or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence Guaranty to which it is a party and such default shall continue beyond the period of an Excluded Event shall not give rise grace, if any, specifically applicable thereto pursuant to an Event the terms of Default under such Guaranty or this Section 10.08 Agreement; or

Appears in 1 contract

Samples: Credit Agreement (Fairchild Semiconductor International Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by or on behalf of such any Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant respective Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event respective Guaranty and such default shall not give rise to an Event of Default under this Section 10.08 continue beyond any grace period specifically applicable thereto; or

Appears in 1 contract

Samples: Credit Agreement (Video Update Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 1 contract

Samples: Credit Agreement (Hydrochem Industrial Services Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor, or any Guarantor or Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Dole Food Company Inc)

Guaranties. Any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor, or any Guarantor or Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Dole Food Co Inc)

Guaranties. Any Guaranty or any provision thereof under Section 13 hereof shall cease to be in full force or effect as to the relevant Guarantor, or any Guarantor or Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty thereunder, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 guaranty; or

Appears in 1 contract

Samples: Credit Agreement (Baldwin Technology Co Inc)

Guaranties. Any material provision of any Guaranty or any provision thereof shall cease to be in full force or effect as to any Guarantor (except as a result of a release of any Subsidiary Guarantor in accordance with the relevant Guarantor terms thereof), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 1 contract

Samples: Credit Agreement (International Money Express, Inc.)

Guaranties. Any Guaranty of the Guaranties or any provision thereof shall cease to be in full force or effect as to any Guarantor (except as a result of a release of any guarantor in accordance with the relevant Guarantor terms thereof), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, thereunder to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant thereto to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or which it is a party.

Appears in 1 contract

Samples: Loan Agreement (Pure Biofuels Corp)

Guaranties. Any At any time after the execution and delivery ---------- thereof, any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by or on behalf of such any Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant respective Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event respective Guaranty and such default shall not give rise to an Event of Default under this Section 10.08 continue beyond any grace period specifically applicable thereto; or

Appears in 1 contract

Samples: Credit Agreement (Physician Health Corp)

Guaranties. Any At any time after the execution and delivery thereof, any Guaranty or any provision thereof shall cease to be in full force or effect as to any Guarantor or as to any obligations hereunder, except to the relevant Guarantor extent such Guarantor is released from its obligations under the respective Guaranty in accordance with the terms of such Guaranty, or any Guarantor or any Person acting by or on behalf of such any Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant respective Guaranty, or any Guarantor shall (i) default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to Section 8 of the Subsidiaries Guaranty or any analogous provision of any Foreign Subsidiaries Guaranty to the extent relating to the performance or observance by it of any term, covenant or agreement referred to in Section 10.03(ii) and such default shall continue unremedied for a period of 15 days after written notice to the Company by the Administrative Agent or any Bank or (ii) default in the due performance or observance of any other term, covenant or agreement on its part to be performed or observed pursuant to the respective Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Coltec Industries Inc)

Guaranties. Any At any time after the execution and delivery thereof, any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, its Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Atc Group Services Inc /De/)

Guaranties. Any At any time after the execution and delivery thereof, any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by or on behalf of such Subsidiary Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise any Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 1 contract

Samples: Credit Agreement (Hanger Orthopedic Group Inc)

Guaranties. Any At any time after the execution and delivery thereof, any Guaranty or any provision thereof shall cease to be in full force or effect as to the relevant any Guarantor, or any Guarantor or any Person acting by or on behalf of such Subsidiary Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, any Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise any Guaranty to an Event of Default under this Section 10.08 which it is a party; or

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Hanger Orthopedic Group Inc)

Guaranties. Any Guaranty Except as the result of or in connection with a merger of a Subsidiary permitted under Section 8.4, the guaranty given by any Guarantor hereunder or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor hereunder or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty such guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 any guaranty; or

Appears in 1 contract

Samples: Credit Agreement (Tractor Supply Co /De/)

Guaranties. Any Guaranty Except as the result of or in connection with a merger of a Subsidiary permitted under paragraph 6D, the guaranty given by any Guarantor hereunder or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor hereunder or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty such guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 any guaranty; or

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Tractor Supply Co /De/)

Guaranties. Any Guaranty Except to the extent that a Subsidiary Guarantor is released in accordance with the provisions hereof and of the other Credit Documents, the Guaranties or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any material term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Nutraceutical International Corp)

Guaranties. Any Guaranty Except to the extent that a Subsidiary Guarantor is released in accordance with the provisions hereof and of the other Credit Documents, the Guaranties or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any material term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Nutraceutical International Corp)

Guaranties. Any Guaranty One or more of the Guaranties or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor effect, or any Guarantor (or Person any person or entity acting by or on behalf of such Guarantor any Guarantor) shall deny or disaffirm the obligations of such Guarantor’s obligations Guarantor under the relevant a Guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that a Guaranty or any mortgage granted as security for the occurrence obligations of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 such Guarantor; or

Appears in 1 contract

Samples: Airship International LTD

Guaranties. Any Guaranty The Guaranties or any provision thereof shall ---------- cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any material term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Dade International Inc)

Guaranties. Any Guaranty The Guaranties or any provision thereof shall ---------- cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Credit Agreement (Ocih LLC)

Guaranties. Any Guaranty The Guaranties or any provision thereof shall cease ---------- to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or

Appears in 1 contract

Samples: Amendment to Credit Agreement (Modus Media International Holdings Inc)

Guaranties. Any Guaranty The Guaranties or any provision thereof shall cease to be in full force or and effect as to the relevant Guarantor in any material respect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny deny, disaffirm or disaffirm repudiate such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an any Guaranty or any "Event of Default under this Section 10.08 Default" with respect to the Holdings Guaranty shall occur; or

Appears in 1 contract

Samples: Credit Agreement (Eagle Picher Technologies LLC)

Guaranties. Any Guaranty The Guaranties or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that any Guaranty and such default (other than a payment default) shall continue unremedied for a period of at least 30 days after written notice to the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 defaulting party by the Administrative Agent; or

Appears in 1 contract

Samples: Credit Agreement (Amtrol Inc /Ri/)

Guaranties. Any Guaranty The Guaranties or any provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty, any Guaranty or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its any Guaranty ; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or .

Appears in 1 contract

Samples: Fisher Scientific International Inc

Guaranties. Any The Payer Party Guaranty or any provision thereof shall cease to be in full force or effect as to any Guarantor (except as a result of a release of any Guarantor in accordance with the relevant Guarantor terms thereof), or any Guarantor or any Person acting by for or on behalf of such Guarantor shall deny or disaffirm such Guarantor’s obligations under the relevant Guaranty, Payer Party Guaranty to which it is a party or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its the Payer Party Guaranty ; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08; or . HN\1118344.20

Appears in 1 contract

Samples: Procurement Agreement (Endeavour International Corp)

Guaranties. Any Guaranty The guaranty given by any Guarantor hereunder or any ---------- material provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor hereunder or any Person acting by or on behalf of such Guarantor shall deny or disaffirm such Guarantor ’s 's obligations under the relevant Guaranty such guaranty, or any Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 any guaranty; or

Appears in 1 contract

Samples: United Dominion Realty Trust Inc

Guaranties. Any Guaranty The guaranty given by the Credit Parties hereunder or any material provision thereof shall cease to be in full force or effect as to the relevant Guarantor and effect, or any Guarantor guarantor thereunder or any Person acting by or on behalf of such Guarantor guarantor shall deny or disaffirm such Guarantor’s guarantor's obligations under the relevant Guaranty such guaranty, or any Guarantor guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to its Guaranty; provided that the occurrence of an Excluded Event shall not give rise to an Event of Default under this Section 10.08 any guaranty; or

Appears in 1 contract

Samples: Credit Agreement (Promus Hotel Corp)