Guaranty Agreement. An original of a Guaranty Agreement, duly executed by such Subsidiary;
Guaranty Agreement. Guarantor hereby, jointly and severally, absolutely, unconditionally, and irrevocably (a) guarantees and agrees to act as surety with respect to those obligations and liabilities for which Borrower is personally liable pursuant to the terms and conditions of the Loan Agreement and (b) agrees to indemnify, hold harmless and defend Lender for any and all costs and expenses (including reasonable attorney’s fees and expenses) incurred in enforcing any rights under this Guaranty (the foregoing subsections (a) and (b) being sometimes referred to herein collectively as the “Guaranteed Obligations”); provided, however, that Guarantor shall be liable under this Guaranty for the maximum amount of such liability that can be hereby incurred without rendering this Guaranty, as it relates to Guarantor, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount. This Guaranty constitutes a guaranty of payment when due and not of collection, and Guarantor specifically agrees that it shall not be necessary or required that Lender or any holder of the Note exercise any right, assert any claim or demand or enforce any remedy whatsoever against Borrower or any other obligor (or any other person) before or as a condition to the obligations of Guarantor hereunder.
Guaranty Agreement. The term "Guaranty Agreement" shall mean that certain agreement executed by the Guarantor, in a form and substance approved by Lender.
Guaranty Agreement. The Administrative Agent (or its counsel) shall have received from each Subsidiary Guarantor either (i) a counterpart of the Guaranty Agreement signed on behalf of such party or (ii) written evidence satisfactory to the Administrative Agent (which may include telecopy or other electronic transmission of a signed signature page of this Agreement) that such party has signed a counterpart of the Guaranty Agreement.
Guaranty Agreement. Guarantor(s): PEOPLES BANK DAVID R CLARK P.O. BOX 467 NEWTON, NC 28658 550 20TH AVENUE CT NW HICKORY, NC 28601- #101115497 Guaranty Agreement Date 04-17-2001 WHEREAS, the undersigned has requested PEOPLES BANK (herein called "Bank") to extend credit to PF MANAGEMENT INC (herein called "Debtor", whether one or more) and Bank has extended credit and/or may extend credit by reason of such request and in reliance upon this guaranty; NOW, THEREFORE, in consideration of such credit extended and/or to be extended in its discretion by Bank to the Debtor, (whether to the same, greater or lesser extent than the limit of this guaranty), the undersigned (who, if two or more in number, shall be jointly and severally bound) hereby unconditionally guarantees to Bank and its successors, endorsers and assigns the punctual payment when due, with such interest as may accrue thereon either before or after any maturity(ies) thereof, of all debts and obligations of the Debtor or of the Debtor and any other party or parties, now existing or hereafter arising, whether created directly or acquired by endorsement, assignment or otherwise, whether absolute or contingent, secured or unsecured, due or not due, including but not limited to notes, checks, drafts, bills of exchange, credits, and advances, all of which are hereinafter referred to as "debts of the Debtor"; plus any liabilities under any other guaranties of the undersigned to the Bank, this guaranty being cumulative with all other guaranties; plus reasonable attorneys' fees if any debts due by Debtor are collected, or the liability of the undersigned hereunder enforced, by or through any attorney at law, regardless of whether suit is commenced. Notwithstanding anything herein to the contrary, the aggregate amount of principal of all indebtedness, obligations and liabilities at any on time for which the undersigned shall be liable shall not exceed $____________ . (If no amount is inserted, liability is unlimited.) The undersigned agrees that the whole or any part of the security now or hereafter held for any debts of the Debtor may be exchanged, compromised, or surrendered from time to time; that the time or place of payment of any debt of the Debtor or of any security therefore may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed or accelerated, in whole or in part; that the Debtor may be granted indulgences generally; that any of the provisions of any note or other instrument ...
Guaranty Agreement. If Seller’s Performance Assurance obligation is satisfied by a Guaranty Agreement, such agreement shall be in the form of Exhibit O executed by the Guarantor identified in Section 1.07(b)(i) or other party, in each case acceptable to Buyer and meeting the Credit Rating requirements for the Guarantor set forth immediately below. The Guarantor shall maintain a Credit Rating of at least:
Guaranty Agreement. An original of the Guaranty Agreements, duly executed by the Guarantors;
Guaranty Agreement. The Guaranty Agreement shall have been duly authorized, executed and delivered by each Guarantor and shall be in full force and effect and such Purchaser shall have received a duly executed copy thereof.
Guaranty Agreement. Each Purchaser shall have received a counterpart of the Amended and Restated Guaranty Agreement, duly executed and delivered by each of the Guarantors, substantially in the form of Exhibit 4.6(a) (as amended, restated, supplemented or otherwise modified from time to time, the “Guaranty Agreement”), and the Guaranty Agreement shall be in full force and effect. If such Closing Day is not the Series B Closing Day, each Purchaser and holder of a Note shall have received a Confirmation and Reaffirmation of Guaranty in the form of Exhibit 4.7(b) dated as of such Closing Day.
Guaranty Agreement. The obligations of the Company hereunder and under the Notes are absolutely, unconditionally and irrevocably guaranteed by each Restricted Subsidiary existing on the First Closing Date and each other Subsidiary from time to time required to guaranty the Notes pursuant to Section 9.7 (each a “Guarantor” and, collectively, the “Guarantors”), pursuant to that certain Subsidiary Guaranty Agreement dated as of the date hereof (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Guaranty Agreement”) substantially in the form of Exhibit 2, and subject to the provisions of Section 9.7(c).