Common use of Guarantor Insolvency Clause in Contracts

Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any Insolvency Proceeding (other than as a creditor or claimant), then the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Party, a fully-matured, due, and payable and performable obligation of such Guarantor to such Guarantied Party (without regard to whether an Event of Default exists or whether any part of the Obligations is then due and owing by the Borrower to such Guarantied Party), payable and performable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 14 contracts

Samples: Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (Telephone & Data Systems Inc /De/), Credit Agreement (United States Cellular Corp)

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Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any Insolvency Proceeding proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant)) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Party, a fully-matured, due, and payable and performable obligation of such Guarantor to such Guarantied Party (without regard to whether there is an Event of Default exists under the Credit Agreement or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Party), payable and performable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Party upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 7 contracts

Samples: Credit Agreement (Encore Wire Corp /De/), Guaranty (Helen of Troy LTD), Guaranty (Helen of Troy LTD)

Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any Insolvency Proceeding proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant)) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Party, a fully-matured, due, and payable and performable obligation of such Guarantor to such Guarantied Party (without regard to whether an Event of Default exists the Borrower is then in default under the Credit Agreement or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Party), payable and performable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Party upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 5 contracts

Samples: Assignment and Assumption (Heartland Payment Systems Inc), Credit Agreement (Sonic Corp), Credit Agreement (Meritage Homes CORP)

Guarantor Insolvency. Should any the Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any Insolvency Proceeding proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant)) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then then, the obligations of such the Guarantor under this Guaranty shall be, as between such the Guarantor and such Guarantied Party, a fully-matured, due, and payable and performable obligation of such the Guarantor to such Guarantied Party (without regard to whether there is an Event of Default exists under the Credit Agreement or whether any part of the Guarantied Obligations is then due and owing by the Borrower AAG to such Guarantied Party), payable and performable in full by such the Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Party upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 2 contracts

Samples: Credit Agreement (American Financial Group Inc), Credit Agreement (Great American Financial Resources Inc)

Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any Insolvency Proceeding (other than as a creditor or claimant), then the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Partythe Lender, a fully-matured, due, and payable and performable obligation of such Guarantor to such Guarantied Party the Lender (without regard to whether an Event of Default exists or whether any part of the Obligations is then due and owing by the Borrower to such Guarantied Partythe Lender), payable and performable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Lender upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Registration Rights Agreement (NKGen Biotech, Inc.)

Guarantor Insolvency. Should any the Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any Insolvency Proceeding proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant)) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then then, the obligations of such the Guarantor under this Guaranty shall be, as between such the Guarantor and such Guarantied Party, a fully-matured, due, and payable and performable obligation of such the Guarantor to such Guarantied Party (without regard to whether there is an Event of Default exists under the Credit Agreement or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Party), payable and performable in full by such the Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Party upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Credit Agreement (Encore Wire Corp /De/)

Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any Insolvency Proceeding proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant)) that could suspend or otherwise adversely affect the rights of any Guaranteed Party granted hereunder, then then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Guaranteed Party, a fully-matured, due, and payable and performable obligation of such Guarantor to such Guarantied Guaranteed Party (without regard to whether there is an Event of Default exists under the Credit Agreement or whether any part of the Guaranteed Obligations is then due and owing by the Borrower to such Guarantied Guaranteed Party), payable and performable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Guaranteed Party upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder. SECTION 23.

Appears in 1 contract

Samples: Guaranty Guaranty (Helen of Troy LTD)

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Guarantor Insolvency. Should any the Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any Insolvency Proceeding proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant)) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then then, the obligations of such the Guarantor under this Guaranty shall be, as between such the Guarantor and such Guarantied Party, a fully-matured, due, and payable and performable obligation of such the Guarantor to such Guarantied Party (without regard to whether an Event of Default exists the Borrower is then in default under the Credit Agreement or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Party), payable and performable in full by such the Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Party upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Credit Agreement (Hastings Entertainment Inc)

Guarantor Insolvency. Should any Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any Insolvency Proceeding (other than as a creditor or claimant)) that could suspend or otherwise adversely affect the rights of any Guaranteed Party granted hereunder, then then, the obligations of such Guarantor under this Guaranty shall be, as between such Guarantor and such Guarantied Guaranteed Party, a fully-matured, due, and payable and performable obligation of such Guarantor to such Guarantied Guaranteed Party (without regard to whether an Event of Default exists or whether any part of the Guaranteed Obligations is then due and owing by the Borrower to such Guarantied Guaranteed Party), payable and performable in full by such Guarantor to the Administrative Agent, for the benefit of such Guarantied Guaranteed Party, upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Credit Agreement (Crosstex Energy Lp)

Guarantor Insolvency. Should any the Guarantor voluntarily seek, consent to, or acquiesce in the benefits of any Debtor Relief Law or become a party to or be made the subject of any Insolvency Proceeding proceeding provided for by any Debtor Relief Law (other than as a creditor or claimant)) that could suspend or otherwise adversely affect the rights of any Guarantied Party granted hereunder, then then, the obligations of such the Guarantor under this Guaranty shall be, as between such the Guarantor and such Guarantied Party, a fully-matured, due, and payable and performable obligation of such the Guarantor to such Guarantied Party (without regard to whether an Event of Default exists the Borrower is then in default under the Loan Agreement or whether any part of the Guarantied Obligations is then due and owing by the Borrower to such Guarantied Party), payable and performable in full by such the Guarantor to the Administrative Agent, for the benefit of such Guarantied Party, Party upon demand, which shall be the estimated amount owing in respect of the contingent claim created hereunder.

Appears in 1 contract

Samples: Assignment and Assumption (Heartland Payment Systems Inc)

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