Common use of Guaranty of Payment Clause in Contracts

Guaranty of Payment. Each of the Guarantors further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Party to any of the Collateral or other 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 any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor hereunder may be required by the Administrative Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 5 contracts

Samples: Joinder Agreement (Quiksilver Inc), Security Agreement (Quiksilver Inc), Credit Agreement (Quiksilver Inc)

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Guaranty of Payment. Each of the Guarantors further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Party to any of the Collateral or other 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 any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor the Guarantors hereunder may be required by the Administrative Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agent and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 5 contracts

Samples: Guaranty (Tilly's, Inc.), Guaranty (Tilly's, Inc.), Guaranty (Abercrombie & Fitch Co /De/)

Guaranty of Payment. Each of the Guarantors Grantors further agrees that this Guaranty guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Party to any of the Collateral or other 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 any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor the Grantors hereunder may be required by the Administrative Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agent and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 5 contracts

Samples: Term Loan Guaranty and Security Agreement (Lands End Inc), Guaranty and Security Agreement (Galaxy Gaming, Inc.), Guaranty and Security Agreement (Lands' End, Inc.)

Guaranty of Payment. Each of the Facility Guarantors further agrees that this Guaranty constitutes a guaranty guarantee of payment and performance when due of all Guaranteed Obligations and not of collection and, to the fullest extent permitted by applicable Applicable Law, 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 Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative any Agent or any other Credit Secured Party in favor of any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor the Facility Guarantors hereunder may be required by the Administrative any Agent or any other Credit Secured Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agents and the other Credit Secured Parties, in the manner provided in the Credit Agreement.

Appears in 4 contracts

Samples: Guaranty (COHOES FASHIONS of CRANSTON, Inc.), Guaranty (Music123, Inc.), Guaranty (COHOES FASHIONS of CRANSTON, Inc.)

Guaranty of Payment. Each of the Guarantors Grantors further agrees that this Guaranty guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Party to any of the Collateral or other 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 any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor the Grantors hereunder may be required by the Administrative Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agent and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Sears Hometown & Outlet Stores, Inc.), Guaranty and Security Agreement (Sears Hometown & Outlet Stores, Inc.), Guaranty and Security Agreement (Sears Hometown & Outlet Stores, Inc.)

Guaranty of Payment. Each of the Guarantors further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Secured Party to any of the Collateral or other 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 Secured Party in favor of any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor the Guarantors hereunder may be required by the Administrative Agent or any other Credit Secured Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Administrative Agent and the other Credit Secured Parties, in the manner provided in the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Supervalu Inc), Intercreditor Agreement (Supervalu Inc)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that this Guaranty constitutes a guaranty guarantee of payment and performance when due of all Guaranteed Obligations and not of collection and, to the fullest extent permitted by applicable Law, waives any right to require that any resort be had by the Administrative Collateral Agent or any other Credit Party to any of the Collateral or other security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative any Agent or any other Credit Party in favor of any Loan Party or any other Person or to any other guarantor Guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor hereunder may be required by the Administrative any Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agents and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 2 contracts

Samples: Guaranty (Sportsman's Warehouse Holdings, Inc.), Guaranty (Sportsman's Warehouse Holdings, Inc.)

Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Party to any of the Collateral or other 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 any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any the Guarantor hereunder may be required by the Administrative Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agent and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 2 contracts

Samples: Guaranty (Pacific Sunwear of California Inc), Guaranty (Pacific Sunwear of California Inc)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection and, to the fullest extent permitted by applicable Law, waives any right to require that any resort be had by the Administrative Collateral Agent or any other Credit Party to any of the Collateral or other security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative any Agent or any other Credit Party in favor of any Loan Party or any other Person or to any other guarantor Guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor hereunder may be required by the Administrative any Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agents and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement (Albertsons Companies, Inc.), Guaranty (Foot Locker Inc)

Guaranty of Payment. Each of the Guarantors further Guarantor agrees that this Guaranty constitutes a continuing guaranty of payment and performance when due of all Guaranteed Obligations and not of collection and, to the fullest extent permitted by applicable Lawlaw, 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 Guaranteed 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 any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any each Guarantor hereunder may be required by the Administrative Collateral Agent or any other Credit Secured Party on any number of occasions and shall be payable to the Administrative Collateral Agent, for its own benefit and the benefit of the Collateral Agent and the other Credit Secured Parties, in the manner provided in the Credit Agreement.

Appears in 2 contracts

Samples: Guaranty Agreement, Guaranty Agreement (FDO Holdings, Inc.)

Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Secured Party to any of the Collateral or other 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 Secured Party in favor of any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any the Guarantor hereunder may be required by the Administrative Agent or any other Credit Secured Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the other Credit Secured Parties, in the manner provided in the Credit Agreement.

Appears in 2 contracts

Samples: Guaranty (Babcock & Wilcox Enterprises, Inc.), Guaranty (B. Riley Financial, Inc.)

Guaranty of Payment. Each of the Guarantors further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection and, to the fullest extent permitted by applicable Law, waives any right to require that any resort be had by the Administrative Collateral Agent or any other Credit Party to any of the Collateral or other security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative any Agent or any other Credit Party in favor of any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor the Guarantors hereunder may be required by the Administrative any Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agent and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 1 contract

Samples: Guaranty (Hancock Fabrics Inc)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that this Guaranty constitutes a guaranty guarantee of payment and performance when due of all Guaranteed Obligations and not of collection and, to the fullest extent permitted by applicable Law, waives any right to require that any resort be had by the Administrative Collateral Agent or any other Credit Party to any of the Collateral or other security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative any Agent or any other Credit Party in favor of any Loan Party or any other Person or to any other guarantor Guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor hereunder may be required by the Administrative any Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agents and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 1 contract

Samples: Guaranty (A.C. Moore Arts & Crafts, Inc.)

Guaranty of Payment. Each of the Guarantors further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection and, to the fullest extent permitted by applicable Law, waives any right to require that any resort be had by the Administrative Agent Lender or any other Credit Secured Party to any of the Collateral or other 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 Lender or any other Credit Secured Party in favor of any Loan Party Obligor or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor the Guarantors hereunder may be required by the Administrative Agent Lender or any other Credit Secured Party on any number of occasions and shall be payable to the Administrative AgentLender, for its own benefit and the benefit of the Lender and the other Credit Secured Parties, in the manner provided in the Credit Loan Agreement.

Appears in 1 contract

Samples: Guaranty (Revolution Lighting Technologies, Inc.)

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Guaranty of Payment. Each of the Guarantors further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Party to any of the Collateral or other 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 any |US-DOCS\118204579.6|| Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor the Guarantors hereunder may be required by the Administrative Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agent and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 1 contract

Samples: Guaranty (Tilly's, Inc.)

Guaranty of Payment. Each of the Guarantors further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection andcollection, to the fullest extent permitted by applicable Law, 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 Guaranteed 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 any Loan Party other Guarantor or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor Guarantors hereunder may be required by the Administrative Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agent and the other Credit Secured Parties, in the manner provided in the Credit Agreement.

Appears in 1 contract

Samples: Guaranty (Advanced Audio Concepts, LTD)

Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that this Guaranty constitutes a guaranty guarantee of payment and performance when due of all Guaranteed Obligations and not of collection and, to the fullest extent permitted by applicable Law, waives any right to require that any resort be had by the Administrative Collateral Agent or any other Credit Party to any of the Collateral or other security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative any Agent or any other Credit Party in favor of any Loan Party or any other Person or to any other guarantor Guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any the Guarantor hereunder may be required by the Administrative any Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agents and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 1 contract

Samples: Guaranty (Rue21, Inc.)

Guaranty of Payment. Each of the Guarantors further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Guarantied Obligations and not of collection 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 Credit Party to any of the Collateral or other security held for payment of the Guaranteed Guarantied 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 any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Guarantied Obligations. Any payment required to be made by any Guarantor the Guarantors hereunder may be required by the Administrative Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of Agent and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 1 contract

Samples: Security Agreement (Foot Locker, Inc.)

Guaranty of Payment. Each of the Guarantors further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Party to any of the Collateral or other security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative any Agent or any other Credit Party in favor of any Loan Transaction Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor the Guarantors hereunder may be required by the Administrative any Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agent and the other Credit Parties, in the manner provided in the Credit AgreementTransaction Documents.

Appears in 1 contract

Samples: Guaranty (Body Central Corp)

Guaranty of Payment. Each of the Guarantors further Guarantor agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Party to any of the Collateral or other 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 any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any each Guarantor hereunder may be required by the Administrative Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agent and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (FDO Holdings, Inc.)

Guaranty of Payment. Each of the Guarantors The Guarantor further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection and, to the fullest extent permitted by applicable Law, waives any right to require that any resort be had by the Administrative Collateral Agent or any other Credit Party to any of the Collateral or other security held for payment of the Guaranteed Obligations or to any balance of any deposit account or credit on the books of the Administrative any Agent or any other Credit Party in favor of any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any the Guarantor hereunder may be required by the Administrative any Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agents and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 1 contract

Samples: Guaranty (Big 5 Sporting Goods Corp)

Guaranty of Payment. Each of the Guarantors Guarantor further agrees that this Guaranty constitutes a guaranty of payment and performance when due of all Guaranteed Obligations and not of collection 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 Credit Party to any of the Collateral or other 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 any Loan Party or any other Person or to any other guarantor of all or part of the Guaranteed Obligations. Any payment required to be made by any Guarantor the Guarantors hereunder may be required by the Administrative Agent or any other Credit Party on any number of occasions and shall be payable to the Administrative Agent, for its own benefit and the benefit of the Agent and the other Credit Parties, in the manner provided in the Credit Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (FDO Holdings, Inc.)

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