Common use of Guaranty of Payment Clause in Contracts

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower or any other Person.

Appears in 5 contracts

Samples: Lease Agreement (Compass Minerals International Inc), Foreign Guaranty (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc)

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Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower or any other Person.

Appears in 5 contracts

Samples: Lease Agreement (Compass Minerals International Inc), Collateral and Guaranty Agreement (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc)

Guaranty of Payment. Each of the Foreign Guarantors Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Credit Party to any of the security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Credit Party in favor of any Foreign Borrower the Borrowers or any other Personperson.

Appears in 5 contracts

Samples: Credit Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co)

Guaranty of Payment. Each of the Foreign Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party Lender to the Borrower or to any other guarantor or to any of the security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party Lender in favor of any Foreign Borrower or any other Personperson.

Appears in 3 contracts

Samples: Company Guaranty Agreement (Memc Electronic Materials Inc), Guaranty Agreement (Memc Electronic Materials Inc), Company Guaranty Agreement (Memc Electronic Materials Inc)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Guaranteed Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign the Borrower or any other Person.

Appears in 3 contracts

Samples: Guaranty (Sabre Corp), Converting Term Lender (Sabre Corp), Converting Term Lender (Sabre Corp)

Guaranty of Payment. Each of the Foreign Guarantors Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any of the security held for the payment of the Foreign Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of any Foreign the Borrower or any other Person.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Strayer Education Inc), Pledge Agreement (Strayer Education Inc), Subsidiary Guaranty Agreement (JTH Holding, Inc.)

Guaranty of Payment. Each of the Foreign Guarantors Guarantor further agrees that its guaranty hereunder this Guaranty constitutes a guaranty of payment when due (and not a guaranty of collection, ) and waives any right to require that any resort be had by the Collateral Agent or any Holder to any other Secured Party Person or to any security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower or any other PersonObligations.

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Brandywine Realty Trust), Subsidiary Guaranty Agreement (Brandywine Operating Partnership Lp /Pa)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign the Parent Borrower, the Co-Borrower or any other Person.

Appears in 2 contracts

Samples: Guaranty (Aptalis Holdings Inc.), Guaranty (Axcan Intermediate Holdings Inc.)

Guaranty of Payment. Each of the Foreign Guarantors Guarantor further agrees that its guaranty hereunder this Guaranty constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by any Secured Party to the Collateral Agent Company, any other Guarantor or any other Secured Party Person, to any of the security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower the Company or any other Person.

Appears in 2 contracts

Samples: Guaranty Agreement (Woodward Governor Co), Guaranty Agreement (Woodward Governor Co)

Guaranty of Payment. Each of the Foreign Guarantors Borrowers further agrees that its guaranty hereunder this Guaranty constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the Collateral or other security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of any Foreign other Borrower or any other PersonPerson or to any other guarantor of all or part of the Obligations.

Appears in 2 contracts

Samples: Guaranty (Marsh Supermarkets Inc), Marsh Supermarkets Inc

Guaranty of Payment. Each of the Foreign Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Facility Agent or any other Secured Finance Party to any of the security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Facility Agent or any other Secured Finance Party in favor of any Foreign the Borrower or any other Personperson.

Appears in 2 contracts

Samples: Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co)

Guaranty of Payment. Each of the Foreign Guarantors Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party Lender to any of the security held for the payment of the Foreign Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party Lender in favor of any Foreign the Borrower or any other Person.

Appears in 2 contracts

Samples: Credit Agreement (Superior Uniform Group Inc), Credit Agreement (Superior Uniform Group Inc)

Guaranty of Payment. Each of the Foreign Guarantors Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any of the security held for the payment of the Foreign Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of any Foreign the Borrower or any other Person.

Appears in 2 contracts

Samples: Pledge Agreement (Maximus Inc), Subsidiary Guaranty Agreement (Stanley, Inc.)

Guaranty of Payment. Each of the Foreign Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party Lender to any of the security held for the payment of the Foreign Guaranty Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party Lender in favor of any Foreign the Borrower or any other Personperson.

Appears in 2 contracts

Samples: Note Purchase Agreement (Ixl Enterprises Inc), Note Purchase Agreement (Scient Inc)

Guaranty of Payment. Each of the Foreign Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Foreign Obligations or Lender to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party Lender in favor of the Borrower, any Foreign Borrower other guarantor or any other Person.

Appears in 2 contracts

Samples: Credit Facility Agreement (Janus Capital Group Inc), Credit Facility Agreement (Janus Capital Group Inc)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign the Borrower or any other Person.

Appears in 2 contracts

Samples: Guaranty (VPNet Technologies, Inc.), Guaranty (Primedia Inc)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its This guaranty hereunder constitutes is a guaranty of payment when due and not of collection, and . Each Guarantor waives any right to require that the Lender to sxx any resort be had by the Collateral Agent Borrower, any Guarantor, any other guarantor of, or any other Secured Party to Person obligated for all or any security held for the payment part of the Foreign Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower or any other Person(each, an “Obligated Party”).

Appears in 1 contract

Samples: Credit Agreement (FaceBank Group, Inc.)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign either Non-US Borrower or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Guaranty of Payment. Each of the Foreign Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Guaranteed Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign Borrower the U.S. Borrowers or any other Person.

Appears in 1 contract

Samples: Ebi, LLC

Guaranty of Payment. Each of the Foreign Domestic Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Guaranteed Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign Borrower the Parent or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign the Parent Borrower, the Dutch Subsidiary Borrower or any other Person.

Appears in 1 contract

Samples: WP Prism Inc.

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Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign Borrower the Borrowers or any other Person.

Appears in 1 contract

Samples: VPNet Technologies, Inc.

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party resort to any security held for the payment of the Foreign Obligations Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign the Borrower or any other Person.

Appears in 1 contract

Samples: Guaranty (ASC Acquisition LLC)

Guaranty of Payment. Each of the Foreign Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign Borrower the Borrowers or any other Person.

Appears in 1 contract

Samples: Biolectron, Inc.

Guaranty of Payment. Each of the Foreign The Guarantors further agrees agree that its their guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Guaranteed Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign Borrower the Dutch Borrowers or any other Person.

Appears in 1 contract

Samples: Dutch Guaranty (Ebi, LLC)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and and, to the extent permitted by applicable law, waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administra- tive Agent or any other Secured Party in favor of any Foreign Borrower the Borrowers or any other Person. SECTION 2.03.

Appears in 1 contract

Samples: Avaya Inc

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Obligations Obligations, or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign the Dutch Subsidiary Borrower or any other Person.

Appears in 1 contract

Samples: Foreign Subsidiary Guaranty (WP Prism Inc.)

Guaranty of Payment. Each of the Foreign Guarantors further ------------------- agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower or any other Person.

Appears in 1 contract

Samples: Collateral and Guaranty Agreement (GSL Corp)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder constitutes This is a guaranty of payment when due and not of collection, and . Each Guarantor waives any right to require that the Lender to xxx the Borrower, any resort be had by the Collateral Agent Guarantor, any other guarantor, or any other Secured Party to person obligated for all or any security held for the payment part of the Foreign Obligations Guaranteed Indebtedness (each, an “Obligated Party”), or otherwise to enforce its payment against any balance of collateral securing all or any deposit account or credit on the books part of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower or any other PersonGuaranteed Indebtedness.

Appears in 1 contract

Samples: Security and Guaranty Agreement (Seahawk Drilling, Inc.)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its This guaranty hereunder constitutes is a guaranty of payment when due and not of collection, and . Each Guarantor hereby waives any right to require that the Lender to xxx the Borrowers, any resort be had by the Collateral Agent other Guarantor or any other Secured Party to Person obligated for all or any security held for the payment part of the Foreign Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any balance of collateral securing all or any deposit account or credit on the books part of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower or any other PersonGuaranteed Obligations.

Appears in 1 contract

Samples: Loan Agreement (SWK Holdings Corp)

Guaranty of Payment. Each of the Foreign Guarantors The Guarantor further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party PharmaBio to any of the security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower or any other PersonObligations.

Appears in 1 contract

Samples: Guaranty Agreement (Cell Therapeutics Inc)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its This guaranty hereunder constitutes is a guaranty guarantee of payment when due and not of collection, and . Each Guarantor waives any right to require that Lender to xxx Borrower, any resort be had by the Collateral Agent Guarantor, any other guarantor of, or any other Secured Party to Person obligated for all or any security held for the payment part of the Foreign Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any balance of collateral securing all or any deposit account or credit on the books part of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower or any other PersonGuaranteed Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Falconstor Software Inc)

Guaranty of Payment. Each of the Foreign Guarantors further agrees that its guaranty hereunder this Guaranty constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any of the Collateral or other security held for the payment of the Foreign Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of any Foreign Borrower other Guarantor or any other PersonPerson or to any other guarantor of all or part of the Obligations.

Appears in 1 contract

Samples: Guaranty (GameStop Corp.)

Guaranty of Payment. Each of the Foreign Guarantors The Parent further agrees that its guaranty hereunder constitutes a guaranty of payment when due and not of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Foreign Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of any Foreign either Non-US Borrower or any other Person.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

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