Common use of Guaranties Clause in Contracts

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder.

Appears in 21 contracts

Samples: Credit Agreement (K12 Inc), Credit Agreement (DSW Inc.), Credit Agreement (Retail Ventures Inc)

Guaranties. Each None of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. except:

Appears in 7 contracts

Samples: Amendment (CONSOL Energy Inc), Credit Agreement (Consol Energy Inc), Credit Agreement (CONSOL Energy Inc)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. for:

Appears in 5 contracts

Samples: Second Amended and Restated Credit Agreement (Advanced Drainage Systems, Inc.), Amended and Restated Credit Agreement (Big Lots Inc), Credit Agreement (Big Lots Inc)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. for

Appears in 5 contracts

Samples: Amended and Restated Credit Agreement (New Jersey Resources Corp), KPMG Consulting Inc, New Jersey Resources Corp

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Unregulated Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. for

Appears in 5 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Term Loan Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries (other than Excluded Subsidiaries) to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Finish Line Inc /In/), Revolving Credit Facility Credit Agreement (Finish Line Inc /In/), Credit Agreement (Finish Line Inc /In/)

Guaranties. Each of the Loan Parties (other than the Parent) shall not, and shall not permit any of its Restricted Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder.

Appears in 3 contracts

Samples: Amended and Restated Credit Agreement (Penn Virginia Resource Partners L P), Amended and Restated Credit Agreement (Penn Virginia Resource Partners L P), Amended and Restated Credit Agreement (Penn Virginia Resource Partners L P)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for (i) Guaranties of Indebtedness of the Loan Parties permitted hereunder and (ii) guarantees of indebtedness or other obligations of any other Loan Parties or Subsidiaries of Loan Parties otherwise permitted hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder hereunder and endorsements of checks, notes or other instruments in the ordinary course of business.

Appears in 3 contracts

Samples: Credit Agreement (Armstrong Resource Partners, L.P.), Credit Agreement (Armstrong Energy, Inc.), Credit Agreement (Armstrong Resource Partners, L.P.)

Guaranties. Each of the No Loan Parties shall not Party shall, and no Loan Party shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, Person except for Guaranties of with respect to Indebtedness of the a Loan Parties Party permitted hereunder under Section 7.2(a) [Indebtedness].

Appears in 3 contracts

Samples: Credit Agreement (Gsi Commerce Inc), Amended and Restated Credit Agreement (Gsi Commerce Inc), Amended and Restated Credit Agreement (Gsi Commerce Inc)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly Directly or indirectly, become or be liable in respect of any Guaranty Guarantee, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties Guarantees of Indebtedness indebtedness of the Loan Parties Borrower permitted hereunder.

Appears in 2 contracts

Samples: Loan and Securities Purchase Agreement (Earthshell Corp), Loan and Securities Purchase Agreement (Aerogen Inc)

Guaranties. Each of the Loan Parties Borrowers shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties by the Company of Indebtedness of the Loan Parties permitted hereunder hereunder and Guaranties permitted under Section 7.2.1.

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Cincinnati Financial Corp)

Guaranties. Each of the Loan Parties (other than Hallador) shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder.

Appears in 2 contracts

Samples: Second Amended and Restated Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Petroleum Co)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder.

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Johnson Outdoors Inc), Johnson Outdoors Inc

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness or other obligations of the Loan Parties permitted hereunder . Any Loan Party may guarantee the obligations of another Loan Party, provided that such other Loan Party is permitted to take such action or incur such obligations under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Handy & Harman Ltd.), Steel Partners Holdings L.P.

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries or any Excluded Subsidiary to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. for:

Appears in 2 contracts

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

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty Guaranty of Indebtedness, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability Indebtedness of any other Person, except for Guaranties of Indebtedness of the Loan Parties and their Subsidiaries of Indebtedness of other Loan Parties or their Subsidiaries, to the extent such Indebtedness is permitted hereunder under Section 7.2.1 (other than clause (viii) of such Section), and then only so long as such Guaranties would not violate Sections 7.2.4, 7.2.9 and 7.2.17.

Appears in 2 contracts

Samples: Glatfelter P H Co, Glatfelter P H Co

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree agree to, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. for:

Appears in 2 contracts

Samples: Letter of Credit Facility (Park Electrochemical Corp), Amended and Restated Credit Agreement (Park Electrochemical Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties and their Subsidiaries permitted hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Invacare Corp), Amended and Restated Credit Agreement (Invacare Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder hereunder and subject to the limitations set forth in Section 8.2.4 [Loans and Investments] below.

Appears in 2 contracts

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

Guaranties. Each If an Event of Default exists or would result therefrom, each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person , except for Guaranties of Indebtedness of the Loan Parties permitted hereunder .

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Calgon Carbon Corporation), Delayed Draw Term Loan (Calgon Carbon Corporation)

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, agree to become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for (i) Guaranties issued on behalf of Consolidated Subsidiaries other than Guaranties of Indebtedness Indebtedness, and (ii) Guaranties of the Loan Parties permitted hereunder operating performance of Project Mining Subsidiaries.

Appears in 2 contracts

Samples: Amended and Restated Credit Agreement (Nacco Industries Inc), Credit Agreement (Nacco Industries Inc)

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for those Guaranties by the Borrower existing on the Closing Date set forth on Schedule 8.2.3 and Guaranties of Indebtedness of the Loan Parties permitted hereunder , including Guaranties permitted under Section 8.2.1 by the Borrower of Indebtedness of its Subsidiaries permitted under Section 8.2.1.

Appears in 2 contracts

Samples: Credit Agreement (Freemarkets Inc), Freemarkets Inc

Guaranties. Each of the The Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties or other obligations permitted hereunder.

Appears in 2 contracts

Samples: Loan Agreement (Israel Technology Acquisition Corp.), Loan Agreement (Israel Technology Acquisition Corp.)

Guaranties. Each of the Loan Parties shall not, and Borrower shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person , except for Guaranties of Indebtedness of the Loan Parties permitted hereunder .

Appears in 1 contract

Samples: Superconductor Technologies Inc

Guaranties. Each of the Loan Parties Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. for

Appears in 1 contract

Samples: New Jersey Resources Corp

Guaranties. Each of the Loan Parties Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties Borrower with respect to its Subsidiaries permitted under Section 8.2.1 hereunder.

Appears in 1 contract

Samples: Credit Agreement (Aquapenn Spring Water Company Inc)

Guaranties. Each of the Loan Parties Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of in connection with Indebtedness of the Loan Parties permitted hereunder incurred to acquire real property as contemplated herein.

Appears in 1 contract

Samples: Loan and Security Agreement (Wells Core Office Income Reit Inc)

Guaranties. Each of the Loan Parties Borrower shall not , and shall not permit any of its Subsidiaries to , at any time, directly or indirectly, become or be liable in respect of any Guaranty guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties guaranties of Indebtedness of the Loan Parties Borrower permitted hereunder ; provided however that this provision shall not apply to account guaranties that are customary in the security alarm industry for the sale of assets.

Appears in 1 contract

Samples: Credit Agreement (CastleRock Security Holdings, Inc.)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly Directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties Company permitted hereunder.

Appears in 1 contract

Samples: Loan Agreement (Bio Solutions Manufacturing, Inc.)

Guaranties. Each of the Loan Parties Borrowers shall not, and shall not permit any of its Subsidiaries Restricted Subsidiary to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties Borrowers permitted hereunder.

Appears in 1 contract

Samples: Revolving Credit Facility Credit Agreement (Professional Detailing Inc)

Guaranties. Each of the Loan Parties Borrowers shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, not an Affiliate of either Borrower, except for Guaranties of Indebtedness of the Loan Parties Borrowers permitted hereunder ; provided that under no circumstances shall any Borrower violate Section 7.2.1 hereof.

Appears in 1 contract

Samples: Credit Agreement (U S Interactive Inc/Pa)

Guaranties. Each of the Loan Parties (other than the Parent) shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Penn Virginia Resource Partners L P)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. except:

Appears in 1 contract

Samples: Credit Agreement (CNX Gas Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person person, except for Guaranties of Indebtedness of under the Loan Parties Documents, Guaranties constituting a Restricted Transaction or Guaranties permitted hereunder under Section 8.2(a)(viii).

Appears in 1 contract

Samples: Second Amended and Restated Credit Agreement (Zaring National Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person person, except for Guaranties of Indebtedness under the Loan Documents, Guaranties constituting a Restricted Transaction with the prior written consent of the Loan Parties Required Banks, such consent to be granted or withheld in their sole discretion, or Guaranties permitted hereunder under Section 8.2(a)(viii).

Appears in 1 contract

Samples: Third Amended and Restated Credit Agreement (Zaring National Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Material Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. for:

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Advanced Drainage Systems, Inc.)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty Contingent Obligation, or assume, guarantee, become surety for, endorse (other than endorsements of instruments for deposit or collection in the ordinary course of business); or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder.

Appears in 1 contract

Samples: Standard Automotive Corp

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty Guaranty of Indebtedness, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person Person to repay Indebtedness, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder under Section 8.2.1 and Section 8.2.4 [Loans and Investments].

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, -67- 76 or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. except:

Appears in 1 contract

Samples: Res Care Inc /Ky/

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person Person (other than any Loan Party or wholly owned Subsidiary of any Loan Party), except for Guaranties of Indebtedness of the Loan Parties permitted hereunder Permitted Guaranty Obligations.

Appears in 1 contract

Samples: Credit Agreement (Brady Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for (i) Guaranties of Indebtedness of the Loan Parties permitted hereunder hereunder and (ii) inter-Loan Party Guaranties.

Appears in 1 contract

Samples: Credit Agreement (Option Care Inc/De)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for (i) Guaranties of Indebtedness of the Loan Parties permitted hereunder , and (ii) Guaranties of Indebtedness permitted under Section 8.2.1(vii).

Appears in 1 contract

Samples: Credit Agreement (Rainbow Rentals Inc)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties entered into in the ordinary course of Indebtedness business on behalf of Borrowers or a Borrower not to exceed $5,000,000 in the Loan Parties aggregate and which are otherwise permitted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Churchill Downs Inc)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder hereunder and Guaranties listed on Schedule 8.2.3 hereto.

Appears in 1 contract

Samples: Credit Agreement (Breeze-Eastern Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder hereunder and except or contemplated in the Subordination Agreement.

Appears in 1 contract

Samples: Audio Communications Network Inc

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder hereunder or guaranties which would otherwise be permitted under Section 7.2.1 [Indebtedness].

Appears in 1 contract

Samples: Credit Agreement (Party City Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder hereunder or, subject to the limitations set forth in Section 8.2.20, Guaranties of Persons in which investments are permitted under Section 8.2.9.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tb Woods Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder , but no Loan Party shall guaranty Indebtedness of Holdings.

Appears in 1 contract

Samples: Credit Agreement (DLH Holdings Corp.)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder ; provided, however, that no Subsidiary of the Borrower shall guaranty the Seller Note or any obligations to Melville Corporation arising in connection with the Acquisition.

Appears in 1 contract

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

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder ; provided, however, that no Subsidiary of the Borrower shall guaranty the Subordinated Notes.

Appears in 1 contract

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

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness or other obligations of the Loan Parties permitted hereunder . Any Loan Party may guarantee the obligations of another Loan Party, provided that such other Loan Party is permitted to take such action or incur such obligations under this Agreement.

Appears in 1 contract

Samples: Letter of Credit Facility (Sl Industries Inc)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness or other obligations of the Loan Parties permitted Parent and any Subsidiary of the Parent not prohibited hereunder.

Appears in 1 contract

Samples: Credit Agreement (Bob Evans Farms Inc)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder pursuant to Section 7.2.1.

Appears in 1 contract

Samples: Credit Agreement (Respironics Inc)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Permitted Indebtedness other than in Clauses (vi) and (vii) of the Loan Parties permitted hereunder Section 8.2.1).

Appears in 1 contract

Samples: Credit Agreement (Orius Corp)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for the BIBP Commodities Guaranty, Guaranties of Indebtedness of the Loan Parties permitted hereunder hereunder and except for Guaranties by Loan Parties in favor of Excluded Subsidiaries provided that the amount of such Guaranties shall be subject to the limitation on Restricted Investments in such Excluded Subsidiaries contained in Section 7.2.4.

Appears in 1 contract

Samples: Papa Johns International Inc

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. for:

Appears in 1 contract

Samples: Amendment to Credit Agreement (Tween Brands, Inc.)

Guaranties. Each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for that the Loan Parties may make Guaranties of (a) Indebtedness of the Loan Parties permitted hereunder hereunder and (b) Guaranties of other Indebtedness in an amount not to exceed $2,000,000 at any one time outstanding.

Appears in 1 contract

Samples: Credit Agreement (Echo Global Logistics, Inc.)

Guaranties. Each of the Loan Parties Obligors shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties Obligors permitted hereunder hereunder and, to the extent not otherwise permitted under this Section 4.05(c), Guaranties permitted under the Credit Agreement (including by reason of any waiver of any provision thereof).

Appears in 1 contract

Samples: Superior Well Services, INC

Guaranties. Each Except as described on Schedule 7.1.16, each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for (i) Guaranties of Indebtedness of the Loan Parties permitted hereunder , and (ii) Guaranties of Indebtedness permitted under Section 8.2.1(vi).

Appears in 1 contract

Samples: Rent Way Inc

Guaranties. Each Except as described on Schedule 7.2.3, each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties or otherwise as permitted hereunder under Section 7.2.7 [Affiliate Transactions; Restricted Payments].

Appears in 1 contract

Samples: Credit Agreement (Viasys Healthcare Inc)

Guaranties. Each Except as otherwise permitted under Section 7.2.1 [Indebtedness], each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder . . - 67 - 70

Appears in 1 contract

Samples: Big Lots Inc

Guaranties. Each of the Except as permitted under Section 6.2.1 and under Schedule 6.2.3, no Loan Parties shall not, and shall not permit any of its Subsidiaries to Party shall, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person , except for Guaranties of Indebtedness of the Loan Parties permitted hereunder .

Appears in 1 contract

Samples: Credit Agreement (ExOne Co)

Guaranties. Each Except as set forth on Schedule 8.2.3, each of the Loan Parties shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder.

Appears in 1 contract

Samples: Meridian Bioscience Inc

Guaranties. Each of Except for the Term Loan Parties Agreement the Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness the Guaranty of the Loan Parties permitted hereunder Obligations of Borrower provided by each Subsidiary of the Borrower pursuant to the Subsidiaries Guaranty.

Appears in 1 contract

Samples: Revolving Credit Agreement (Champion Industries Inc)

Guaranties. Each of Except for the Term Loan Parties Agreement, the Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness the Guaranty of the Loan Parties permitted hereunder Obligations of the Borrower provided by each Subsidiary of the Borrower pursuant to the Subsidiaries Guaranty.

Appears in 1 contract

Samples: Revolving Credit Agreement (Champion Industries Inc)

Guaranties. Each of the No Loan Parties shall not Party shall, and no Loan Party shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, Person except for Guaranties of with respect to Indebtedness of the a Loan Parties Party permitted hereunder under Section 8.2(a) [Indebtedness].

Appears in 1 contract

Samples: Credit Agreement (Gsi Commerce Inc)

Guaranties. Each None of the Loan Parties shall not, and shall not permit any of its Subsidiaries to Borrowers shall, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person , except for Guaranties of Indebtedness of the Loan Parties permitted hereunder .

Appears in 1 contract

Samples: Champion Industries Inc

Guaranties. Each of the Loan Parties shall not, and The Borrower shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, 219927742 become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person , except for Guaranties of Indebtedness of the Loan Parties permitted hereunder .

Appears in 1 contract

Samples: Credit Agreement (Moog Inc.)

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any cause each of its Subsidiaries to, to not at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Borrower Affiliate Parties or other obligations permitted by Section 7.2.2(b) [Indebtedness], the Project Documents, the Senior Loan Parties permitted hereunder Documents or the Mezzanine Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (BioFuel Energy Corp.)

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any cause each of its Subsidiaries to, to not at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Borrower Affiliate Parties or other obligations permitted hereunder , the Project Documents and the Senior Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (BioFuel Energy Corp.)

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any of its Subsidiaries ADS Corporativo to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. for:

Appears in 1 contract

Samples: Second Amended and Restated Credit Agreement (Advanced Drainage Systems, Inc.)

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties permitted hereunder. for

Appears in 1 contract

Samples: New Jersey Resources Corp

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties by the Borrower of Indebtedness various obligations of any of its Subsidiaries in connection with any transaction arising in connection with its ordinary course of business as conducted on the Loan Parties Closing Date or as otherwise permitted hereunder to be conducted pursuant to Section 8.2.9.

Appears in 1 contract

Samples: New Jersey Resources Corp

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties described in and permitted hereunder under Section 7.2.1(vi)).

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Excelsior Lasalle Property Fund Inc)

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties Borrower and its Subsidiaries permitted hereunder.

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Triumph Group Inc /)

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness of the Loan Parties Borrower and its Subsidiaries permitted hereunder . . -51- 61 7.2.4 Loans and Investments. The Borrower shall not, and shall not permit any of its Subsidiaries to, at any time make or suffer to remain outstanding any loan or advance to, or purchase, acquire or own any stock, bonds, notes or securities of, or any partnership interest (whether general or limited) in, or any other investment or interest in, or make any capital contribution to, any other Person, or agree, become or remain liable to do any of the foregoing, except:

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Triumph Group Inc /)

Guaranties. Each of the Loan Parties The Borrower shall not, and shall not permit any of its Subsidiaries to, at any time, directly or indirectly, become or be liable in respect of any Guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties of Indebtedness the Guaranty of the Loan Parties permitted hereunder Obligations of the Borrower provided by each Subsidiary of the Borrower pursuant to the Subsidiaries Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Champion Industries Inc)

Guaranties. Each of the Loan Parties The Borrower shall not , and shall not permit any of its Subsidiaries to , at any time, directly or indirectly, become or be liable in respect of any Guaranty guaranty, or assume, guarantee, become surety for, endorse or otherwise agree, become or remain directly or contingently liable upon or with respect to any obligation or liability of any other Person, except for Guaranties guaranties of Indebtedness of the Loan Parties Borrower permitted hereunder , and the obligation of the Borrower to indemnify the General Partner pursuant to Section 10.6 of the Partnership Agreement.

Appears in 1 contract

Samples: Cable Tv Fund 14-A LTD