Common use of Payment by Guarantors Clause in Contracts

Payment by Guarantors. 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 Parent Borrower to pay any of the Guaranteed Obligations when such 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 the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), Guarantors will upon demand pay, or cause to be paid, in Cash, to 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 any Credit Party becoming the subject of a case under the Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against such Credit Party 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 (RLJ Entertainment, Inc.)

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Payment by Guarantors. 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 Parent Borrower Company to pay any of the Guaranteed Obligations when such 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 the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § sec. 362(a)), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to 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 any Credit Party becoming the subject filing of a case under the Bankruptcy Codepetition in bankruptcy with respect to Company, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against such Credit Party Company for such interest in the related bankruptcy caseproceeding) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

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

Payment by Guarantors. Guarantors hereby jointly and severally agreeEach Guarantor agrees, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Agent or any Lender may have at law or in equity against any Guarantor Credit Party by virtue hereof, that upon the failure of Parent Borrower to pay any of the Guaranteed Obligations when such 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 the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), Guarantors each Guarantor will upon demand pay, or cause to be paid, in Cashcash, to 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 any Credit Party Borrower becoming the subject of a case under the Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against such Credit Party a 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, Guaranty and Security Agreement (Silverstar Holdings LTD)

Payment by Guarantors. 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 Parent either Borrower to pay any of the Guaranteed Obligations when such 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 the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § (S) 362(a)), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to 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 any Credit Party becoming the subject filing of a case under the Bankruptcy Codepetition in bankruptcy with respect to either Borrower, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against such Credit Party either Borrower for such interest in the related bankruptcy caseproceeding) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Convergent Communications Inc /Co)

Payment by Guarantors. 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 115 122 may have at law or in equity against any Guarantor by virtue hereof, that upon the failure of Parent Borrower Company to pay any of the Guaranteed Obligations when such 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 the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § ss. 362(a)), Guarantors will upon demand pay, or cause to be paid, in Cash, to Administrative Global 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 any Credit Party becoming the subject filing of a case under the Bankruptcy Codepetition in bankruptcy with respect to Company, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against such Credit Party Company for such interest in the related bankruptcy caseproceeding) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Stryker Corp)

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Payment by Guarantors. 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 Parent Borrower Issuer to pay any of the Guaranteed Obligations when such 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 the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), Guarantors will upon demand pay, or cause to be paid, in Cashcash, to Administrative Collateral Agent for the ratable benefit of Beneficiariesthe Investor, 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 any Credit Party Issuer’s becoming the subject of a case under the Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against such Credit Party Issuer for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries Investor as aforesaid.

Appears in 1 contract

Samples: Senior Secured Note Purchase Agreement (Golden Arrow Merger Corp.)

Payment by Guarantors. 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 Parent Borrower Company to pay any of the Guaranteed Obligations when such 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 the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § Section 362(a)), Guarantors will upon demand pay, or cause to be paid, in Cash, to Administrative Global 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 any Credit Party becoming the subject filing of a case under the Bankruptcy Codepetition in bankruptcy with respect to Company, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against such Credit Party Company for such interest in the related bankruptcy caseproceeding) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Stryker Corp)

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