Payments; Application. Each Guarantor agrees that all obligations of such Guarantor hereunder shall be paid solely in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available funds, without set-off, counterclaim or other defense and applied in accordance with the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit Agreement, such Guarantor hereby agreeing to comply with and be bound by the provisions of the Credit Agreement, including Article III, Article IV and Article X thereof, in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee by this reference as if set forth herein; provided that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this Guarantee.
Appears in 2 contracts
Sources: Credit Agreement (Caris Life Sciences, Inc.), Credit Agreement (Caris Life Sciences, Inc.)
Payments; Application. Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available funds, without set-off, counterclaim or other defense and applied in accordance with Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and each Secured Party hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement in respect of all payments and application of payments received by such Secured Party and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
Appears in 2 contracts
Sources: Subsidiary Guaranty (Kansas City Southern De Mexico, S.A. De C.V.), Subsidiary Guaranty (Kansas City Southern)
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts (except as provided otherwise in accordance with Section 4.3 of the Credit Agreement), such each Guarantor hereby agreeing agrees to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 2 contracts
Sources: Subsidiary Guaranty (Monster Worldwide, Inc.), Subsidiary Guaranty (Monster Worldwide, Inc.)
Payments; Application. Each Guarantor hereby agrees with each Lender as follows:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 2 contracts
Sources: Guaranty (McGrath Rentcorp), Guaranty (McGrath Rentcorp)
Payments; Application. Each Guarantor hereby agrees with each Lender as follows:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars the currency of the applicable Guaranteed Obligation to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that that, references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement
Appears in 2 contracts
Sources: Credit Agreement (New York Times Co), Credit Agreement (New York Times Co)
Payments; Application. Each Guarantor hereby agrees with each Lender as follows:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts (except as provided otherwise in accordance with Section 4.3 of the Credit Agreement), such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt in accordance with the terms of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees that all obligations of with each Lender Party as follows:
(a) All payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees that all obligations of with each Lender Party as follows:
(a) All payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars or other applicable Alternative Currency to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Subsidiary Guaranty by this reference as if set forth herein; provided that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeSubsidiary Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows to the extent permitted by applicable law:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars the applicable Currency to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-off, counterclaim or other defense (other than the defense of payment or performance) and applied in accordance with Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall also be deemed to be references to such each Subsidiary Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 4.7 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each The Guarantor hereby agrees with the Secured Party that (a) all obligations of such Guarantor payments made hereunder shall be paid solely applied upon receipt as set forth in U.S. Section 2.4(b) of the Loan Agreement and (b) all payments made by the Guarantor hereunder will be made in Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsParty, without set-off, counterclaim or other defense (other than payment) and applied in accordance with the Credit Loan Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required taxes owed by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of Guarantor, the Credit Agreement, such Guarantor hereby agreeing to comply with and be bound by the provisions of the Credit Agreement, including Article III, Article IV and Article X thereof, Loan Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Agreement by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such the Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeAgreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows: Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offset‑off, counterclaim or other defense and applied in accordance with Sections 3.7 and 3.10 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.7 and 3.10 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts (except as provided otherwise in accordance with Section 4.3 of the Credit Agreement), such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor The Company hereby agrees with each Secured Party as follows: Company Guaranty
(a) The Company agrees that all obligations payments made by the Company hereunder will be made in the currency of such Guarantor hereunder shall be paid solely in U.S. Dollars the applicable Obligation to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to Taxes, the obligation to pay additional amounts in accordance with Section 4.3 of the Credit Agreement, such Guarantor Company hereby agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the “Borrower” "this Agreement" in such Articles and Sections shall be deemed to be references to such Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be -------- references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows to the extent permitted by applicable law:
SECTION 2.7.1 Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely in U.S. Dollars made to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-off, counterclaim or other defense (other than the defense of payment or performance) and applied in accordance with Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall also be deemed to be references to such each Subsidiary Guarantor, and references to “this Agreement” in such Articles and Sections .
SECTION 2.7.2 All payments made hereunder shall be deemed to be references to this Guaranteeapplied upon receipt as set forth in Section 4.7 of the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Hanesbrands Inc.)
Payments; Application. Each The Guarantor hereby agrees with each --------------------- Secured Party that (a) all obligations of such Guarantor payments made hereunder shall be paid solely applied upon receipt as set forth in U.S. Section 2.4 (b) of the Loan Agreement and (b) all payments made --------------- by the Guarantor hereunder will be made in Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-set- off, counterclaim or other defense and applied in accordance with the Credit Loan Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to Taxes, the obligation to pay additional amounts in accordance with Section 4.3 of the Credit Agreement, such Guarantor hereby agreeing to comply with and be bound by the provisions of the Credit Agreement, including Article III, Article IV and Article X thereof, Loan Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty and Security Agreement by this reference as if set forth herein; provided provided, that -------- references to the “"Borrower” " or "Borrowers" in such Articles and Sections shall be deemed to be references to such the Guarantor, and references to “"this Agreement” " in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
Appears in 1 contract
Payments; Application. Each The Guarantor hereby agrees that with each Secured Party that
(a) all obligations of such payments made by the Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-off, counterclaim or other defense and applied in accordance with Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to Taxes, the obligation to pay additional amounts in accordance with Section 4.3 of the Credit Agreement, such Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such the Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty; and
(b) all payments made hereunder shall be applied upon receipt as set forth in Section 4.7 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available funds, without set-off, counterclaim or other defense and applied in accordance with Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and each Secured Party hereby agreeing to comply with and be bound by the provisions of Sections 4.6, 4.7 and 4.11 of the Credit Agreement in respect of all payments and application of payments received by such Secured Party and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Lender as follows:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 2.11 and 3.01 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 2.11 and 3.01 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the “"Borrower” " in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “"this Agreement” " in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied by the Administrative Agent upon receipt as provided in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Fidelity National Financial Inc /De/)
Payments; Application. Each Guarantor hereby agrees with each Lender Party as follows:
(a) that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars Euro or the Euro Equivalent of the Alternative Currency in which the Guaranteed Obligations are denominated to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 2.12 and 3.01 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 2.12 and 3.01 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty; and
(b) that all payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Sources: Parent Guaranty (Amerigon Inc)
Payments; Application. Each The Guarantor hereby agrees that all obligations of such with each Lender Party as follows:
(a) All payments made by the Guarantor hereunder shall will be paid solely made in U.S. Dollars or other applicable Alternative Currency to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to Taxes, the obligation to pay additional amounts in accordance with Section 4.3 of the Credit Agreement, such Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Company Guaranty by this reference as if set forth herein; provided that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such the Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeCompany Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each The Guarantor hereby agrees with the Secured Party that (a) all obligations of such Guarantor payments made hereunder shall be paid solely applied upon receipt as set forth in U.S. Section 1-7 of the Loan Agreement and (b) all payments made by the Guarantor hereunder will be made in Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsParty, without set-off, counterclaim or other defense (other than payment) and applied in accordance with the Credit Loan Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required taxes owed by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of Guarantor, the Credit Agreement, such Guarantor hereby agreeing to comply with and be bound by the provisions of the Credit Agreement, including Article III, Article IV and Article X thereof, Loan Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty and Security Agreement by this reference as if set forth herein; provided provided, that references to the “Borrower” "Borrowers" in such Articles and Sections shall be deemed to be references to such the Guarantor, and references to “"this Agreement” " in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty and Security Agreement.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Right Start Inc /Ca)
Payments; Application. Subject to the terms, conditions and provisions of the Intercreditor Agreement, each Guarantor hereby agrees with each Secured Party as follows to the extent permitted by applicable law:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-off, counterclaim or other defense (other than the defense of payment or performance) and applied in accordance with Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall also be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 4.7 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars euros to the French Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Section 2.17 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Section 2.17 of the Table of Contents Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the any “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” or “hereunder” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt to the Secured Obligations as set forth in the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-off, counterclaim or other defense and applied in accordance with Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, however, that references to the “Borrower” or “Borrowers” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt, as set forth in Section 4.7 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Lender as follows: Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars the currency of the applicable Guaranteed Obligation to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that that, references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this Guarantee.Guaranty. All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement
Appears in 1 contract
Sources: Credit Agreement (New York Times Co)
Payments; Application. Each Guarantor hereby agrees that with each Secured Party that:
SECTION 12.7.1. all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-off, counterclaim or other defense and applied in accordance with Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty; and
SECTION 12.7.2. all payments made hereunder shall be applied upon receipt as set forth in Section 4.7 of the Credit Agreement.
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Payments; Application. Each Guarantor agrees that all obligations of such Guarantor hereunder shall be paid solely in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties Bank in immediately available funds, without set-off, counterclaim or other defense and applied in accordance with Sections 2.2(e), 2.3(d), 2.3(f), 2.7, 2.8 and 2.9 of the Credit Loan Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required and all present or future taxes, levies, imposts, duties, deductions, withholdings, assessments, fees or other charges imposed by any Governmental Authority (including any interest, additions to tax or penalties applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit Agreementthereto), such Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 2.2(e), 2.3(d), 2.3(f), 2.7, 2.8 and 2.9 of the Credit Agreement, including Article III, Article IV and Article X thereof, Loan Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this Guarantee.
Appears in 1 contract
Sources: Guarantee and Pledge Agreement (New Age Beverages Corp)
Payments; Application. Each Guarantor hereby agrees that with each Secured Party that:
(a) all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsLender, without set-off, counterclaim or other defense and applied in accordance with Sections 2.15 and 2.16 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 2.15 and 2.16 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty; and
(b) all payments made hereunder shall be applied upon receipt as set forth in Section 2.16 of the Credit Agreement.
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Payments; Application. Each Guarantor hereby agrees that all obligations of with each Secured Party as follows: All payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-off, counterclaim or other defense and applied in accordance with Sections 3.10 and 3.11 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts otherwise specified in accordance with Section 4.3 of the Credit Agreement, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 3.10 and 3.11 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “any "Borrower” " in such Articles and Sections shall be deemed to be references to such each Guarantor, and references to “"this Agreement” in such Articles and Sections " shall be deemed to be references to this GuaranteeGuaranty. All payments made hereunder shall be applied as set forth in Section 3.10 of the Credit Agreement.
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Payments; Application. Each Guarantor The Company hereby agrees with each Lender as follows:
(a) The Company agrees that all obligations payments made by the Company hereunder will be made in the currency of such Guarantor hereunder shall be paid solely in U.S. Dollars the applicable Obligation to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to Taxes, the obligation to pay additional amounts in accordance with Section 4.3 of the Credit Agreement, such Guarantor Company hereby agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Company” in such Articles and Sections shall be deemed to be references to such Guarantorthe Company, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Adobe Inc.)
Payments; Application. Each The Guarantor hereby agrees with each Lender as follows:
(a) The Guarantor agrees that all obligations of such payments made by the Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-offsetoff, counterclaim or other defense and applied in accordance with Sections 2.11 and 3.01 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to Taxes, the obligation to pay additional amounts in accordance with Section 4.3 of the Credit Agreement, such Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 2.11 and 3.01 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided that references to the “"Borrower” " in such Articles and Sections shall be deemed to be references to such the Guarantor, and references to “"this Agreement” " in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied by the Administrative Agent upon receipt as provided in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Fidelity National Financial Inc /De/)
Payments; Application. Each Guarantor hereby agrees with each Loan Party as follows to the extent permitted by applicable law:
(a) Each Guarantor agrees that all obligations of payments made by such Guarantor hereunder shall will be paid solely made in U.S. Dollars to the Administrative Agent for the benefit of itself and the other Secured Parties in immediately available fundsAgent, without set-off, counterclaim or other defense (other than the defense of payment or performance) and applied in accordance with Sections 4.3 and 4.4 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit AgreementTaxes, such each Guarantor hereby agreeing to comply with and be bound by the provisions of Sections 4.3 and 4.4 of the Credit Agreement, including Article III, Article IV and Article X thereof, Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guarantee Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” in such Articles and Sections shall also be deemed to be references to such each Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuaranteeGuaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 4.4 of the Credit Agreement.
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