Common use of Merger Clause in Contracts

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent).

Appears in 77 contracts

Samples: Loan Agreement (Universal Corp /Va/), Credit Agreement (Universal Corp /Va/), Credit Agreement (Informatica Corp)

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Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent).

Appears in 15 contracts

Samples: Credit Agreement (Fuller H B Co), Assignment and Assumption (Fuller H B Co), Credit Agreement (Fuller H B Co)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor Guarantors and any Holder of Guaranteed Obligations (including the Administrative Agent)Agent or any Lender.

Appears in 11 contracts

Samples: Credit Agreement (Toll Brothers, Inc.), Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder holder of Guaranteed Obligations (including or the Administrative Agent).

Appears in 10 contracts

Samples: Assignment and Assumption (Chicago Bridge & Iron Co N V), Revolving Credit Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Obligations.

Appears in 10 contracts

Samples: Private Shelf Agreement (Hillenbrand, Inc.), Private Shelf Agreement (Hillenbrand, Inc.), Master Note Agreement (Stepan Co)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the each such Guarantor and any Holder of Guaranteed Obligations (including Secured Party or the Administrative Agent).

Appears in 9 contracts

Samples: Credit Agreement (Dice Holdings, Inc.), Guaranty (Rogers Corp), Guaranty (Newport Corp)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Secured Obligations (including or the Administrative Agent).

Appears in 8 contracts

Samples: Credit Agreement (Steiner Leisure LTD), Guaranty (Encore Capital Group Inc), Subsidiary Guaranty (Meritor Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including Lender or the Administrative Agent).

Appears in 7 contracts

Samples: Credit Agreement (Stepan Co), Credit Agreement (Stepan Co), Credit Agreement (Federal Express Corp)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the any Guarantor and any Holder of Guaranteed Obligations (including Secured Party or the Administrative Agent).

Appears in 6 contracts

Samples: Credit Agreement (Quest Resource Corp), Guaranty (Quest Resource Corp), Guaranty (Quest Resource Corp)

Merger. This Guaranty Guaranty, together with the Loan Documents, represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent).

Appears in 6 contracts

Samples: Credit Agreement (Microchip Technology Inc), Credit Agreement (Microchip Technology Inc), Credit Agreement (Microchip Technology Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including or the Administrative Agent).

Appears in 5 contracts

Samples: Credit Agreement (Florida Gaming Corp), Credit Agreement (Arvinmeritor Inc), Assignment Agreement (Acuity Brands Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including or the Administrative Agent).

Appears in 5 contracts

Samples: Assignment Agreement (General Dynamics Corp), Assignment Agreement (General Dynamics Corp), Credit Agreement (General Dynamics Corp)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Secured Party.

Appears in 4 contracts

Samples: Credit Agreement (LogMeIn, Inc.), Subsidiary Guarantee Agreement (LogMeIn, Inc.), Guarantee Agreement (Marketaxess Holdings Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the each such Guarantor and any Holder of Guaranteed Obligations (including Lender or the Administrative Agent).

Appears in 4 contracts

Samples: Credit Agreement (Plexus Corp), Guaranty (Nelnet Inc), Guaranty (Nelnet Inc)

Merger. This Guaranty Guaranty, taken together with the other Loan Documents, represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Obligations.

Appears in 4 contracts

Samples: Term Loan Agreement (Global Payments Inc), Credit Agreement (Global Payments Inc), Credit Agreement (Global Payments Inc)

Merger. This Guaranty Guaranty, taken together with the other Loan Documents, represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Secured Obligations (including the Administrative Agent).

Appears in 4 contracts

Samples: Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the each such Guarantor and any Holder of Guaranteed Secured Obligations (including or the Administrative Agent).

Appears in 4 contracts

Samples: Credit Agreement (Central Garden & Pet Co), Guaranty (Inventure Foods, Inc.), Guaranty (Priceline Com Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and the Agent or any Holder of Guaranteed Obligations (including the Administrative Agent)Lender.

Appears in 4 contracts

Samples: Credit Agreement (U S Home Corp /De/), Assignment Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including Party or the Administrative Agent).

Appears in 3 contracts

Samples: Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc), Term Loan Agreement (CBL & Associates Properties Inc)

Merger. This Guaranty represents the final agreement of each of the Subsidiary Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the each such Subsidiary Guarantor and any Holder of Guaranteed Obligations (including Secured Party or the Administrative Agent).

Appears in 3 contracts

Samples: Security Agreement (Schulman a Inc), Guaranty (Tessera Holding Corp), Guaranty (Xperi Holding Corp)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or and/or subsequent oral agreements, between the such Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Agent or any Lender.

Appears in 3 contracts

Samples: Credit Agreement (Stellex Industries Inc), Credit Agreement (General Inspection Laboratories Inc), Credit Agreement (General Inspection Laboratories Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the each such Guarantor and any Holder of Guaranteed Obligations (including Party or the Administrative Agent).

Appears in 3 contracts

Samples: Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc), Term Loan Agreement (CBL & Associates Properties Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent and the Collateral Agent).

Appears in 3 contracts

Samples: Credit Agreement (Ugi Corp /Pa/), Security Agreement (Ugi Corp /Pa/), Security Agreement (Ugi Corp /Pa/)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the any Guarantor and the Agent or any Holder of Guaranteed Obligations (including Lender. This Guaranty amends and restates in its entirety the Administrative Agent)Guaranties heretofore executed and delivered by the Guarantors with respect to the Original Agreement.

Appears in 3 contracts

Samples: Assignment Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between among any of the Agent, the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Lender.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Aleritas Capital Corp.), Performance Guaranty (GWG Holdings, Inc.), Guaranty and Security Agreement (Aleritas Capital Corp.)

Merger. This Guaranty Guaranty, taken together with the other Loan Documents, represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Obligations.

Appears in 3 contracts

Samples: Term Loan Agreement (Global Payments Inc), Credit Agreement (Global Payments Inc), Credit Agreement (Global Payments Inc)

Merger. This Guaranty represents the final agreement of each of the Subsidiary Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Subsidiary Guarantor and any Holder of Guaranteed Obligations (including or the Administrative Agent)Trustee.

Appears in 3 contracts

Samples: Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Company.

Appears in 3 contracts

Samples: Performance Guaranty (Specialty Foods Acquisition Corp), Performance Guaranty (Specialty Foods Acquisition Corp), Performance Guaranty (Specialty Foods Corp)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the each Guarantor and any Holder of the Guaranteed Obligations (including the Administrative Agent)Parties.

Appears in 2 contracts

Samples: Guaranty (Palomar Holdings, Inc.), Guaranty (Globus Medical Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and the Administrative Agent or any Holder of Guaranteed Obligations (including the Administrative Agent)Obligations.

Appears in 2 contracts

Samples: Limited Guaranty (Kansas City Power & Light Co), Kansas City Power & Light Co

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the each such Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Secured Party.

Appears in 2 contracts

Samples: Credit Agreement (General Growth Properties, Inc.), Credit Agreement (General Growth Properties, Inc.)

Merger. This Guaranty represents the ------ final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, agreements between the Guarantor and the Agent or any Holder of Guaranteed Obligations (including the Administrative Agent)Secured Party.

Appears in 2 contracts

Samples: Limited Guaranty and Security Agreement (American Eco Corp), Unlimited Guaranty and Security Agreement (American Eco Corp)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Secured Obligations (including the Administrative Agent).

Appears in 2 contracts

Samples: Credit Agreement (Heidrick & Struggles International Inc), Pledge Agreement (Network Appliance Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent).

Appears in 2 contracts

Samples: Guaranty (Barneys New York Inc), Barneys New York Inc

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between each such Guarantor, the Guarantor Agent and any Holder of Guaranteed Obligations (including the Administrative Agent)other Secured Party.

Appears in 2 contracts

Samples: Guaranty (Wanxiang Group Corp), Guaranty (A123 Systems, Inc.)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Secured Obligations (including or the Administrative Agent).

Appears in 2 contracts

Samples: United Stationers Inc, United Stationers Supply Co

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreementsagreement, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Lender.

Appears in 2 contracts

Samples: Unlimited Continuing Guaranty (Arcadia Resources, Inc), Credit Agreement (Anthony Clark International Insurance Brokers LTD)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Lender.

Appears in 1 contract

Samples: Watson Pharmaceuticals Inc

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including or the Administrative Agent)Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Johnson Outdoors Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and supercedes any and all prior agreements, including but not limited to any prior guaranty, and may not be contradicted by evidence of prior or contemporaneous agreements, agreements or subsequent oral agreements, agreements between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Trustee and the Holders.

Appears in 1 contract

Samples: Guaranty (Watson Pharmaceuticals Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent).. 10

Appears in 1 contract

Samples: Execution Copy Credit Agreement (Universal Corp /Va/)

Merger. This Guaranty represents the final agreement of each of the Guarantors ------ Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and the Agent or any Holder of Guaranteed Obligations (including the Administrative Agent)Secured Obligations.

Appears in 1 contract

Samples: Credit Agreement (Gfsi Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or prior or subsequent oral agreements, between among any of the Guarantor Guarantors and the Agent or any other Holder of Guaranteed Obligations (including the Administrative Agent)Secured Obligations.

Appears in 1 contract

Samples: American Classic Voyages Co

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the each such Guarantor and any Holder of Guaranteed Obligations (including Lender or the Administrative Designated Agent).

Appears in 1 contract

Samples: Credit Agreement (MDC Holdings Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including Bondholder or the Administrative Agent)Bond Trustee.

Appears in 1 contract

Samples: Guaranty

Merger. This Guaranty Guaranty, taken together with the other Loan Documents, represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent).

Appears in 1 contract

Samples: Credit Agreement (Bea Systems Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the any Guarantor and any Holder of Guaranteed Obligations (including Secured Obligations, the Administrative Agent or the Collateral Agent).

Appears in 1 contract

Samples: Guaranty Agreement (Roto-Rooter Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or prior or subsequent oral agreements, between the Guarantor and the Agent or any other Holder of Guaranteed Obligations (including the Administrative Agent)Secured Obligations.

Appears in 1 contract

Samples: American Classic Voyages Co

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Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative or any Agent).

Appears in 1 contract

Samples: Guaranty (American National Can Group Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)CoBank.

Appears in 1 contract

Samples: New Ulm Telecom Inc

Merger. This Guaranty represents the final agreement of each ------ of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including Lender or the Administrative Agent).

Appears in 1 contract

Samples: Assignment Agreement (Howmet International Inc)

Merger. This Guaranty represents the final agreement of each of the Subsidiary Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Subsidiary Guarantor and any Holder of Guaranteed Obligations (including or the Administrative Agent)Trustee. Section 20.

Appears in 1 contract

Samples: Supplemental Indenture                  first Supplemental (Arvinmeritor Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors ------ Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Collateral Agent).

Appears in 1 contract

Samples: Paetec Corp

Merger. This Guaranty represents the final agreement of each of the Subsidiary Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Subsidiary Guarantor and any Holder of Guaranteed Obligations (including Securities or the Administrative Agent)Trustee.

Appears in 1 contract

Samples: Indenture (Meritor Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent), the Issuing and Paying Agent or any Bank.

Appears in 1 contract

Samples: Ohm Corp

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and the Agent or any Holder of Guaranteed Obligations (including the Administrative Agent).Lender. 109

Appears in 1 contract

Samples: Credit Agreement (U S Home Corp /De/)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent).

Appears in 1 contract

Samples: Credit Agreement (Energizer Holdings Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Collateral Agent).

Appears in 1 contract

Samples: Guaranty (Paetec Corp)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including or the Administrative Agent).. 13

Appears in 1 contract

Samples: Arvinmeritor Inc

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including Creditor or the Administrative Agent).

Appears in 1 contract

Samples: Encore Capital Group Inc

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Lender.

Appears in 1 contract

Samples: Aerial Communications Inc

Merger. This Guaranty represents the final agreement of each of the Subsidiary Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Subsidiary Guarantor and any Holder of Guaranteed Obligations (including Notes or the Administrative Agent)Trustee.

Appears in 1 contract

Samples: Indenture (Meritor Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations Secured Party (including the Administrative Agent).

Appears in 1 contract

Samples: Credit Agreement (Tennant Co)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between among each such Guarantor, the Guarantor Trustee and any Holder of Guaranteed Obligations (including the Administrative Agent)Holders.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (CBL & Associates Limited Partnership)

Merger. This Guaranty Guaranty, together with the other Loan Documents, represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent).

Appears in 1 contract

Samples: Credit Agreement (Synchronoss Technologies Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and the Agent or any Holder of Guaranteed Obligations (including the Administrative Agent)Secured Obligations.

Appears in 1 contract

Samples: Ifr Systems Inc

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)BI.

Appears in 1 contract

Samples: Guaranty (Interiors Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the each such Guarantor and any Holder of Guaranteed Obligations (including Lender or the Administrative Agent). SECTION 21.

Appears in 1 contract

Samples: Nelnet Inc

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between among any of the Agent, the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Lenders.

Appears in 1 contract

Samples: Performance Guaranty (GWG Life, LLC)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including Lender or the Administrative Agent).

Appears in 1 contract

Samples: Assignment Agreement (FDX Corp)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including Lender or the Administrative Agent).. 

Appears in 1 contract

Samples: Credit Agreement (Woodward, Inc.)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including Lender or the Administrative Paying Agent).

Appears in 1 contract

Samples: Assignment Agreement (FDX Corp)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the such Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent).

Appears in 1 contract

Samples: Credit Agreement (Dominion Homes Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Lender.

Appears in 1 contract

Samples: Guaranty (Interiors Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor Guarantors and the Agent, the Co-Agent or any Holder of Guaranteed Obligations (including the Administrative Agent)Bank.

Appears in 1 contract

Samples: Stormedia Inc

Merger. This Guaranty represents the final agreement of each of the Guarantors with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the any such Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Lender.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Better Choice Co Inc.)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and Company or any Holder of Guaranteed Obligations (including the Administrative Agent)other Person.

Appears in 1 contract

Samples: Guaranty (Fresh Brands Inc)

Merger. This Guaranty represents the final agreement of each of the Guarantors Guarantor with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the Guarantor and any Holder of Guaranteed Obligations (including or the Administrative Security Agent).

Appears in 1 contract

Samples: Parent Guaranty (Multi Fineline Electronix Inc)

Merger. This Guaranty represents the final agreement of each of Guarantor and the Guarantors Beneficiary with respect to the matters contained herein and may not be contradicted by evidence of prior or contemporaneous agreements, or subsequent oral agreements, between the by and among Guarantor and any Holder of Guaranteed Obligations (including the Administrative Agent)Beneficiary.

Appears in 1 contract

Samples: Guaranty Agreement (Atlantic Power Corp)

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