Common use of Guaranty of Payment Clause in Contracts

Guaranty of Payment. Each 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 Administrative Agent or any other Credit Party to any of the security held for payment of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party in favor of the Borrowers or any other person.

Appears in 5 contracts

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

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Guaranty of Payment. Each Guarantor of the 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 Administrative Collateral Agent or any other Credit Secured Party to any of the 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 Credit Secured Party in favor of the Borrowers any Borrower or any other personPerson.

Appears in 5 contracts

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

Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit Secured Party 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 Credit Secured Party in favor of the Borrowers Borrower or any other personPerson.

Appears in 4 contracts

Samples: And Restatement Agreement, Converting Term Lender (Sabre Corp), Converting Term Lender (Sabre Corp)

Guaranty of Payment. Each 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 Administrative Agent or any other Credit Guaranteed Party to any of the security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Guaranteed Party in favor of the Borrowers Borrower or any other personPerson.

Appears in 3 contracts

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

Guaranty of Payment. Each 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 Administrative Agent or any Lender to the Borrower or to any other Credit Party guarantor or to any of the security held for payment of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party Lender in favor of the Borrowers any Borrower or any other person.

Appears in 3 contracts

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

Guaranty of Payment. Each 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 Administrative Facility Agent or any other Credit Finance Party to any of the security held for payment of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Facility Agent or any other Credit Finance Party in favor of the Borrowers Borrower or any other person.

Appears in 2 contracts

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

Guaranty of Payment. Each 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 Administrative Agent or any other Credit Party Lender to any of the security held for payment of the Guaranty Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party Lender in favor of the Borrowers Borrower or any other person.

Appears in 2 contracts

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

Guaranty of Payment. Each 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 Administrative Agent or any other Credit Party to any of the security held for payment of the Obligations or Lender to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party Lender in favor of the Borrowers Borrower, any other guarantor or any other personPerson.

Appears in 2 contracts

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

Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit 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 Credit Secured Party in favor of the Borrowers Borrower or any other personPerson.

Appears in 2 contracts

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

Guaranty of Payment. Each 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 Administrative Agent or any other Credit Party Lender to any of the security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party Lender in favor of the Borrowers Borrower or any other personPerson.

Appears in 2 contracts

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

Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit 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 Credit Secured Party in favor of the Borrowers Parent Borrower, the Co-Borrower or any other personPerson.

Appears in 2 contracts

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

Guaranty of Payment. Each 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 Administrative Agent or any Holder to any other Credit Party Person or to any of the security held for payment of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party in favor of the Borrowers or any other personObligations.

Appears in 2 contracts

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

Guaranty of Payment. Each 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 Administrative Agent or any other Credit Party Lender to any of the security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party Lender in favor of the Borrowers Borrower or any other personPerson.

Appears in 2 contracts

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

Guaranty of Payment. Each 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 Administrative Agent Company, any other Guarantor or any other Credit Party Person, to any of the security held for payment of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Secured Party in favor of the Borrowers Company or any other personPerson.

Appears in 2 contracts

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

Guaranty of Payment. Each Guarantor of the 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 Administrative Collateral Agent or any other Credit Secured Party to any of the Collateral or other security held for 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 Credit Secured Party in favor of the Borrowers any 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 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 Administrative Agent or any other Credit 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 Credit Secured Party in favor of the Borrowers or any other personPerson.

Appears in 1 contract

Samples: Biolectron, Inc.

Guaranty of Payment. Each Guarantor of the 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 Administrative Collateral Agent or any other Credit Secured Party to any of the 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 Credit Secured Party in favor of the Borrowers any Borrower or any other personPerson.

Appears in 1 contract

Samples: Collateral and Guaranty Agreement (GSL Corp)

Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit 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 Administra- tive Agent or any other Credit Secured Party in favor of the Borrowers or any other personPerson. SECTION 2.03.

Appears in 1 contract

Samples: Avaya Inc

Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit Secured Party 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 Credit Secured Party in favor of the Borrowers Parent or any other personPerson.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Guaranty of Payment. Each Guarantor 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 Administrative Agent or any other Credit Secured Party to any of the security held for the payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Secured Party in favor of the Borrowers either Non-US Borrower or any other personPerson.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Guaranty of Payment. Each Guarantor further agrees that its The guaranty hereunder constitutes under this Article 15 is a guaranty of payment when due and not of collection, and . Each Borrower waives any right to require that any resort be had by the Administrative Agent or any Lender to xxx any other Credit Party to Borrower, any of the security held for payment of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent other guarantor, or any other Credit Party in favor person obligated for all or any part of the Borrowers Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any other personpart of the Guaranteed Obligations.

Appears in 1 contract

Samples: Credit Agreement (Omnova Solutions Inc)

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Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit Secured Party to any of the security held for the payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Secured Party in favor of the Borrowers either Non-US Borrower or any other personPerson.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit Secured Party to any of the security held for the payment of the Obligations Foreign Obligations, or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Secured Party in favor of the Borrowers Dutch Subsidiary Borrower or any other personPerson.

Appears in 1 contract

Samples: Foreign Subsidiary Guaranty (WP Prism Inc.)

Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit 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 Credit Secured Party in favor of the Borrowers or any other personPerson.

Appears in 1 contract

Samples: VPNet Technologies, Inc.

Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit 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 Credit Secured Party in favor of the Borrowers Parent Borrower, the Dutch Subsidiary Borrower or any other personPerson.

Appears in 1 contract

Samples: WP Prism Inc.

Guaranty of Payment. Each 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 Administrative Agent or any other Credit Secured Party 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 Credit Secured Party in favor of the U.S. Borrowers or any other personPerson.

Appears in 1 contract

Samples: Ebi, LLC

Guaranty of Payment. Each Guarantor 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 Administrative Agent Borrower, any Guarantor, any other guarantor of, or any other Credit Party to Person obligated for all or any part of the security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party in favor of the Borrowers or any other person(each, an “Obligated Party”).

Appears in 1 contract

Samples: Credit Agreement (FaceBank Group, Inc.)

Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit Secured Party resort 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 Credit Secured Party in favor of the Borrowers Borrower or any other personPerson.

Appears in 1 contract

Samples: Guaranty (ASC Acquisition LLC)

Guaranty of Payment. Each Guarantor 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 Administrative Agent or any other Credit Secured Party 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 Credit Secured Party in favor of the Dutch Borrowers or any other personPerson.

Appears in 1 contract

Samples: Dutch Guaranty (Ebi, LLC)

Guaranty of Payment. Each Guarantor 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 Administrative Agent Guarantor, any other guarantor of, or any other Credit Party to Person obligated for all or any part of the security held for Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party in favor of the Borrowers or any other personGuaranteed Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Falconstor Software Inc)

Guaranty of Payment. Each Guarantor of the 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 Administrative Agent or any other Credit Secured Party to any of the Collateral or other security held for payment of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Secured Party in favor of the Borrowers any 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 Guarantor 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 Administrative Agent Guarantor, any other guarantor, or any other Credit Party to person obligated for all or any part of the security held for Guaranteed Indebtedness (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party in favor of the Borrowers or any other personGuaranteed Indebtedness.

Appears in 1 contract

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

Guaranty of Payment. Each Guarantor 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 Administrative Agent other Guarantor or any other Credit Party to Person obligated for all or any part of the security held for Guaranteed Obligations (each, an “Obligated Party”), or otherwise to enforce its payment against any collateral securing all or any part of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party in favor of the Borrowers or any other personGuaranteed Obligations.

Appears in 1 contract

Samples: Loan Agreement (SWK Holdings Corp)

Guaranty of Payment. Each 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 Administrative Agent or any other Credit Party PharmaBio to any of the security held for payment of the Obligations or to any balance of any deposit account or credit on the books of the Administrative Agent or any other Credit Party in favor of the Borrowers or any other personObligations.

Appears in 1 contract

Samples: Guaranty Agreement (Cell Therapeutics Inc)

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