Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower or any other Person.
Appears in 9 contracts
Samples: Security Agreement (Candela Medical, Inc.), Guaranty (Catalent USA Woodstock, Inc.), Parent Guaranty (Pinnacle Foods Inc.)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.
Appears in 8 contracts
Samples: Credit Agreement (MBOW Four Star, L.L.C.), Credit Agreement (Vine Resources Inc.), Credit Agreement (Vine Resources Inc.)
Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the Borrower or any other Person.
Appears in 8 contracts
Samples: Guaranty (Heinz H J Co), Credit Agreement (Orbitz Worldwide, Inc.), Credit Agreement (Corporate Executive Board Co)
Guaranty of Payment. Each of the Guarantors Notes Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Agent Trustee or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent Trustee or any other Secured Party in favor of the Borrower Company or any other Person.
Appears in 6 contracts
Samples: Supplemental Indenture (ADT, Inc.), First Supplemental Indenture (ADT, Inc.), Supplemental Indenture (ADT, Inc.)
Guaranty of Payment. Each of the Guarantors further agrees that its guarantee guaranty hereunder constitutes a guarantee guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower or any other Person.
Appears in 6 contracts
Samples: Revolving Credit Agreement (IASIS Healthcare LLC), Credit Agreement (IASIS Healthcare LLC), Credit Agreement (IASIS Healthcare LLC)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent Trustee or any other Secured Party Lender to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party Trustee in favor of the Borrower Issuer or any other Person.
Appears in 5 contracts
Samples: Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co)
Guaranty of Payment. Each of the Guarantors Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.
Appears in 5 contracts
Samples: Subsidiary Guarantee Agreement (ADT, Inc.), Subsidiary Guarantee Agreement (DS Services of America, Inc.), Subsidiary Guarantee Agreement (DS Services of America, Inc.)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and and, to the fullest extent permitted by applicable law, waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower or any other Personperson. This Guaranty is a continuing guarantee of payment, and shall apply to all Obligations whenever arising.
Appears in 4 contracts
Samples: Credit Agreement (Gentiva Health Services Inc), Guaranty (Gentiva Health Services Inc), Guaranty (Gentiva Health Services Inc)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other Personperson.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Ruby Tuesday Inc), Credit and Term Loan Agreement (Ruby Tuesday Inc), Revolving Credit Agreement (Ruby Tuesday Inc)
Guaranty of Payment. Each of the Guarantors Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower or any other Personperson.
Appears in 3 contracts
Samples: Subsidiary Guarantee Agreement (Cec Entertainment Inc), Subsidiary Guarantee Agreement (Cerence Inc.), Subsidiary Guarantee Agreement (Cerence Inc.)
Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.
Appears in 3 contracts
Samples: Security Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Security Agreement (Performance Food Group Co), Credit Agreement (W R Grace & Co)
Guaranty of Payment. Each of the Guarantors Notes Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Agent Trustee or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent Trustee or any other Secured Party in favor of the Borrower Issuers or any other Person.
Appears in 3 contracts
Samples: Prime Security Services (ADT Inc.), Prime Security Services (ADT Inc.), Indenture (ADT Inc.)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent Servicer or any other Secured Party Participant to any of the security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent Servicer or any other Secured Party Participant in favor of the Borrower Sponsor or any other Personperson.
Appears in 3 contracts
Samples: Loan Facility Agreement and Guaranty (Ruby Tuesday Inc), Loan Facility Agreement and Guaranty (Ruby Tuesday Inc), Loan Facility Agreement and Guaranty (Ruby Tuesday Inc)
Guaranty of Payment. Each of the Guarantors Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower or any other Personperson.
Appears in 3 contracts
Samples: Subsidiary Guarantee (AP Gaming Holdco, Inc.), Subsidiary Guarantee (AP Gaming Holdco, Inc.), Subsidiary Guarantee (PlayAGS, Inc.)
Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the either Borrower or any other Person.
Appears in 2 contracts
Samples: Guaranty (Burger King Worldwide, Inc.), Guaranty (Restaurant Brands International Limited Partnership)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a an absolute, irrevocable and unconditional guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.
Appears in 2 contracts
Samples: Credit Agreement (Centurylink, Inc), Guarantee Agreement (EDGEWELL PERSONAL CARE Co)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due and not of collection, and waives any right to require that any resort be had by any of the Administrative Agent or Lenders to (i) the Obligor, (ii) any other Secured Party to guarantor, (iii) any security Collateral held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party Lenders in favor of the Borrower Obligor or any other Personperson or (iv) recourse against any other party.
Appears in 2 contracts
Samples: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.
Appears in 2 contracts
Samples: Guarantee Agreement (McGraw-Hill Global Education LLC), Guarantee Agreement (McGraw-Hill Interamericana, Inc.)
Guaranty of Payment. Each of the Guarantors Holdings further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the Borrower or any other Personperson.
Appears in 2 contracts
Samples: Holdings Guarantee and Pledge Agreement (DS Services of America, Inc.), Holdings Guarantee and Pledge Agreement (DS Services of America, Inc.)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due and not of collection, and waives any right to require that any resort be had by any of the Administrative Agent or Lenders to (i) the Obligor, (ii) any other Secured Party to guarantor, (iii) any security held for the payment collateral of the Obligationsany kind, or to any balance of any deposit account or credit on the books of any of the Administrative Agent or any other Secured Party Lenders in favor of the Borrower Obligor or any other Person, or (iv) recourse against any other party.
Appears in 2 contracts
Samples: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee guaranty of payment when due and payable and not of collection, and waives any right (except such as shall be required by any Requirement of Law and cannot be waived) to require that any resort be had by the Administrative Agent or any other U.S. Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account Deposit Account or credit on the books of the Administrative Agent or any other U.S. Secured Party in favor of the U.S. Borrower or any other Personperson.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Hill International, Inc.), Guaranty and Security Agreement (Hill International, Inc.)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower or any other Person.
Appears in 2 contracts
Samples: Credit Agreement (Mach Natural Resources Lp), Credit Agreement (Mach Natural Resources Lp)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party Lender to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other Person.
Appears in 1 contract
Samples: Kansas City Power & Light Co
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Funding Party to any of the security held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Funding Party in favor of the Borrower Lessee or any other Personperson.
Appears in 1 contract
Samples: Master Agreement (Ruby Tuesday Inc)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due and not of collection, and waives any right to require that any resort be had by any of the Administrative Agent or Lenders to (i) the Obligor, (ii) any other Secured Party to guarantor of any security held for the payment of the Obligations, or to (iii) any collateral of any kind, any balance of any deposit account or credit on the books of any of the Administrative Agent or any other Secured Party Lenders in favor of the Borrower Obligor or any other Person, or (iv) recourse against any other party.
Appears in 1 contract
Samples: First (Topps Co Inc)
Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent, Collateral Agent or any other Secured Party to any security held for the payment of the Finance Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.
Appears in 1 contract
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee guaranty of payment when due and payable and not of collection, and waives any right (except such as shall be required by any Requirement of Law and cannot be waived) to require that any resort be had by the Administrative Agent or any other International Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account Deposit Account or credit on the books of the Administrative Agent or any other International Secured Party in favor of the International Borrower or any other Personperson.
Appears in 1 contract
Samples: International Guaranty and Security Agreement (Hill International, Inc.)
Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Finance Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.
Appears in 1 contract
Samples: Guaranty (Ahny-Iv LLC)
Guaranty of Payment. Each of the Guarantors Notes Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Agent Trustee or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent Trustee or any other Secured Party in favor of the Borrower Issuer or any other Person.
Appears in 1 contract
Samples: Intercreditor Agreement (ADT Inc.)
Guaranty of Payment. Each of the Guarantors Guarantor party hereto further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party Lender to any security (if any) held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party Lender in favor of the any Borrower or any other Person, each Guarantor hereby waiving the benefits of division and discussion.
Appears in 1 contract
Samples: Term Loan Agreement (Northland Cable Properties Seven Limited Partnership)
Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the any Borrower or any other Person.
Appears in 1 contract
Samples: Credit Agreement (Yum Brands Inc)
Guaranty of Payment. Each of the Guarantors Subsidiary Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due and not just of collection, and waives any right to require that any resort be had by the Administrative Agent Agent, a Bank or any other Secured Party the Collateral Monitor to any security held for the payment of the Obligations, Obligations or to any balance of any deposit deposit, account or credit on the books of the Administrative Agent Agent, a Bank or any other Secured Party the Collateral Monitor in favor of the Borrower Borrower, any Guarantor, any Subsidiary Guarantor or to any other Person.
Appears in 1 contract
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a an unconditional guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Collateral Agent or any other Secured Party in favor of the any Borrower or any other Personperson.
Appears in 1 contract
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower Borrowers or any other Personperson.
Appears in 1 contract
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower any Foreign Borrowers or any other Personperson.
Appears in 1 contract
Samples: Foreign Guarantee Agreement (Hexion Specialty Chemicals, Inc.)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment and performance when due and not of collection, and waives any right to require that any resort be had by any of the Administrative Agent or Lenders to (i) the Obligor, (ii) any other Secured Party to guarantor, (iii) any security held for the payment collateral of the Obligationsany kind, or to any balance of any deposit account or credit on the books of any of the Administrative Agent or any other Secured Party Lenders in favor of the Borrower Obligor or any other Person, or (iv) recourse against any other Person or party.
Appears in 1 contract
Samples: Credit Agreement (Topps Co Inc)
Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party Lender to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party Lender in favor of the Borrower or any other Person.
Appears in 1 contract
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the any Borrower or any other Personperson.
Appears in 1 contract
Samples: Foreign Guarantee Agreement (Hexion Specialty Chemicals, Inc.)
Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower or any other Person.
Appears in 1 contract
Samples: Guaranty (Freescale Semiconductor Holdings I, Ltd.)
Guaranty of Payment. Each of the Guarantors Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether at the stated maturity, by acceleration or otherwise) and not of collection, and waives any right to require that any resort be had by the Administrative Agent or any other Secured Party to any security held for the payment of the Obligations, Secured Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Secured Party in favor of the Borrower or any other Personperson.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Sprouts Farmers Markets, LLC)
Guaranty of Payment. Each of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, and waives any right to require that any resort be had by the Administrative Agent, Collateral Agent or any other Secured Party to any security held for the payment of the Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent, Collateral Agent or any other Secured Party in favor of the Borrower Borrowers or any other Person.
Appears in 1 contract