Common use of Payment by Guarantors Clause in Contracts

Payment by Guarantors. The Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any automatic stay or similar provision of any Debtor Relief Law), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 8 contracts

Samples: Credit and Guaranty Agreement (Compass, Inc.), Revolving Credit and Guaranty Agreement (Blue Apron Holdings, Inc.), Revolving Credit and Guaranty Agreement (Compass, Inc.)

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Payment by Guarantors. The Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower or any other Guarantor to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any automatic stay or similar provision of any Debtor Relief Law)otherwise, Guarantors will upon demand pay, or cause to be paid, in Cashcash, to the Administrative Agent for the ratable benefit of the Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to the Beneficiaries as aforesaid.

Appears in 6 contracts

Samples: Counterpart Agreement (Pinterest, Inc.), Counterpart Agreement (DoorDash Inc), Counterpart Agreement (DoorDash Inc)

Payment by Guarantors. The Guarantors Each Guarantor hereby jointly and severally agreeagrees, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Secured Party may have at law or law, in equity or otherwise against any Guarantor by virtue hereofCredit Party pursuant to any of the Credit Documents, that upon the failure of the Borrower any Credit Party to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts amount that would become due but for the operation existence of any automatic stay or similar provision of any under applicable Debtor Relief LawLaws), Guarantors it will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of BeneficiariesSecured Parties, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s 's becoming the subject of a case under any Debtor Relief Lawan Insolvency Event, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy casesuch Insolvency Event) and all other Guaranteed Obligations then owed to Beneficiaries the Secured Parties as aforesaid.

Appears in 4 contracts

Samples: Eighth Amendment Agreement, Revolving Credit and Guarantee Agreement (Mogo Finance Technology Inc.), Revolving Credit and Guarantee Agreement (Mogo Inc.)

Payment by Guarantors. The Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower Company or any other Guarantor to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any automatic stay or similar provision of any Debtor Relief Law)otherwise, Guarantors will upon demand pay, or cause to be paid, in Cashcash, ratably to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the BorrowerCompany’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower Company for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to the Beneficiaries as aforesaid.

Appears in 4 contracts

Samples: Convertible Note Purchase Agreement (DoorDash Inc), Convertible Note Purchase Agreement (Redaptive, Inc.), Note Purchase Agreement (Redaptive, Inc.)

Payment by Guarantors. The Subject to Section 7.2(a), Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower Company to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay under Section 362(a) or similar any other provision of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject filing of a case under any Debtor Relief Lawpetition in bankruptcy with respect to Company, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower Company for such interest in the related bankruptcy caseproceeding) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Simmons Co), Credit and Guaranty Agreement (Simmons Co /Ga/), Credit and Guaranty Agreement (Simmons Bedding Co)

Payment by Guarantors. The Subject to Section 14.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Lender may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the any Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to the Administrative Agent Agent, for the ratable benefit of Beneficiariesitself and the Lenders, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the any Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the such Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries Agent and Lenders as aforesaid.

Appears in 3 contracts

Samples: Loan and Security Agreement (U.S. Concrete, Inc.), Loan and Security Agreement (Us Concrete Inc), Loan and Security Agreement (Us Concrete Inc)

Payment by Guarantors. The Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower Borrowers to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s Borrowers’ becoming the subject of a case under the Bankruptcy Code or any other Debtor Relief LawLaws, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower Borrowers for such interest in the related bankruptcy or insolvency case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 3 contracts

Samples: Credit Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit Agreement (Pattern Energy Group Inc.)

Payment by Guarantors. The Subject to Section 7.02, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand demand, or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed or allowable against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 3 contracts

Samples: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Franchise Group, Inc.)

Payment by Guarantors. The Subject to Section 14.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Lender may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the any Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to the Administrative Agent Agent, for the ratable benefit of Beneficiariesitself and the Lenders, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the any Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the such Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries Agent and Lenders as aforesaid. 14.4.

Appears in 2 contracts

Samples: Loan and Security Agreement (Us Concrete Inc), Loan and Security Agreement (Us Concrete Inc)

Payment by Guarantors. The Subject to Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Lender may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Law)the Bankruptcy Code, Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of BeneficiariesLenders, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries Lenders as aforesaid.

Appears in 2 contracts

Samples: Counterpart Agreement (Isola Group Ltd.), Counterpart Agreement (Isola Group Ltd.)

Payment by Guarantors. The Subject to Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower Borrowers to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon written demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s any Borrower becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower Borrowers for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (New GGP, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.)

Payment by Guarantors. The Subject to Section 15.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which Agent or any Beneficiary Lender may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the any Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to the Administrative Agent Agent, for the ratable benefit of Beneficiariesitself and the Lenders, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrowerany Xxxxxxxx’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the such Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries Agent and Lenders as aforesaid.

Appears in 2 contracts

Samples: Loan, Security and Guarantee Agreement (National CineMedia, Inc.), Loan, Security and Guarantee Agreement (Applied Optoelectronics, Inc.)

Payment by Guarantors. The Subject to Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s Borrower becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (Gramercy Property Trust Inc.)

Payment by Guarantors. The Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary the Lender may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to the Administrative Agent for the ratable benefit of BeneficiariesLender, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries the Lenders as aforesaid.

Appears in 2 contracts

Samples: Loan Agreement (Thoratec Corp), Loan Agreement (HeartWare International, Inc.)

Payment by Guarantors. The Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any automatic stay or similar provision of any Debtor Relief Law), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (LendingClub Corp), Credit and Guaranty Agreement (LendingClub Corp)

Payment by Guarantors. The Guarantors Each Guarantor hereby jointly and severally agreeagrees, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Secured Party may have at law or law, in equity or otherwise against any Guarantor by virtue hereofCredit Party pursuant to any of the Credit Documents, that upon the failure of the Borrower any Credit Party to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts amount that would become due but for the operation existence of any automatic stay or similar provision of any under applicable Debtor Relief LawLaws), Guarantors it will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of BeneficiariesSecured Parties, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Lawan Insolvency Event, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy casesuch Insolvency Event) and all other Guaranteed Obligations then owed to Beneficiaries the Secured Parties as aforesaid.

Appears in 2 contracts

Samples: Twelfth Amendment Agreement (Mogo Finance Technology Inc.), Sixth Amendment Agreement (Mogo Inc.)

Payment by Guarantors. The Guarantors Each Guarantor hereby jointly and severally agree, agrees in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Guaranty Beneficiaries may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become duedue (or, in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, in accordance with the terms of such extension or renewal), whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code, 11 USC. § 362(a)), Guarantors will each Guarantor will, upon demand demand, pay, or cause to be paid, in Cashcash, to the Administrative Agent for the ratable benefit of Guaranty Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case proceeding under any Debtor Relief Lawdebtor relief law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy casesuch proceeding) and all other Guaranteed Obligations then owed to Guaranty Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Security Agreement (Blue Dolphin Energy Co)

Payment by Guarantors. The Subject to the provisions of Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of the Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to the Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (California Coastal Communities Inc)

Payment by Guarantors. The Subject to the Contribution Agreement, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at CG&R Draft Last Saved: 02/0620/2013 14:3244 pm 10174795v19 stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a) or similar provision analogous provisions of any Debtor Relief Lawother Insolvency Laws), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case or proceeding under any Debtor Relief Insolvency Law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

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Payment by Guarantors. The Subject to Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Secured Party may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Law)the Bankruptcy Code, Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of BeneficiariesSecured Parties, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Griffon Corp)

Payment by Guarantors. The Subject to Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any 105 Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower Borrowers to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon written demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s any Borrower becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower Borrowers for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

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

Payment by Guarantors. The Subject to Section 15.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which Agent or any Beneficiary Lender may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the any Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to the Administrative Agent Agent, for the ratable benefit of Beneficiariesitself and the Lenders, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the any Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the such Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries Agent and Lenders as aforesaid.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (AutoWeb, Inc.)

Payment by Guarantors. The Subject to Section 9.2, the Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower Borrowers to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision of under any Debtor Relief Bankruptcy Law), Guarantors will upon demand pay, or cause to be paid, paid in Cashcash in immediately available funds, to the Administrative Agent for the ratable benefit of BeneficiariesLenders, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s any Borrower becoming the subject of a case under any Debtor Relief Bankruptcy Law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the any Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

Payment by Guarantors. The Subject to Section 7.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Secured Party may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower Company to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under applicable provisions of any Debtor Relief Lawthe Bankruptcy Laws), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of BeneficiariesSecured Parties, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s Company's becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Laws, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower Company for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries Secured Parties as aforesaid.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (MAAX Holding Co.)

Payment by Guarantors. The Subject to Section 11.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary holder may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower Company to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to the Administrative Agent for the ratable benefit of Beneficiariesholders, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s Company becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower Company for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries holders as aforesaid.

Appears in 1 contract

Samples: Note Purchase and Guaranty Agreement (American Midstream Partners, LP)

Payment by Guarantors. The Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any automatic stay or similar provision of any Debtor Relief Law), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Pledge and Security Agreement (Etsy Inc)

Payment by Guarantors. The Subject to Section 7.2, the Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which that any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any an automatic stay or similar provision of any Debtor Relief Lawunder applicable law), the Guarantors will upon demand pay, or cause to be paid, in Cashcash, to the Administrative Facility Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest whichthat, but for the Borrower’s becoming the subject of to a case under any Debtor Relief LawBankruptcy Event, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy caseBankruptcy Event) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit Agreement (Home Inns & Hotels Management Inc.)

Payment by Guarantors. The Subject to Section 9.2, the Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision of under any Debtor Relief Bankruptcy Law), Guarantors will upon demand pay, or cause to be paid, paid in Cashcash in immediately available funds, to the Administrative Agent for the ratable benefit of BeneficiariesLenders, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Bankruptcy Law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

Payment by Guarantors. The Subject to Section 12.2, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Lender may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the any Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to the Administrative Agent for the ratable benefit of BeneficiariesLender, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the any Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the such Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries Lender as aforesaid.

Appears in 1 contract

Samples: Loan Agreement (Par Pacific Holdings, Inc.)

Payment by Guarantors. The Subject to ‎Section 7.02, Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand demand, or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision under Section 362(a) of any Debtor Relief Lawthe Bankruptcy Code), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s becoming the subject of a case under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed or allowable against the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit Agreement (Orbital Energy Group, Inc.)

Payment by Guarantors. The Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of the Borrower Borrowers to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of any the automatic stay or similar provision of any Debtor Relief Law), Guarantors will upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of Beneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for the Borrower’s Borrowers’ becoming the subject of a case under any Debtor Relief Law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against the Borrower Borrowers for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (AVG Technologies N.V.)

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