References to Guarantor. [All references in this Guarantee to representations and warranties by, covenants of, actions and steps by, or the performance of the terms and conditions hereof by the "Guarantor" shall, as the context requires, be and shall be construed as being by the partners of [●] on behalf of and in respect of such partnership.] [Note: Insert Section 1.6, with appropriate conforming changes, for a guarantee by a general partnership; insert similar provisions, with additional conforming changes, for a guarantee by a limited partnership, trust or other unincorporated entity.]
References to Guarantor. All references in this Guarantee to representations and warranties by, covenants of, actions and steps by, or the performance of the terms and conditions hereof by a “Guarantor” that is a limited partnership shall, as the context requires, be and shall be construed as being by such Guarantor and the general partner thereof on behalf of such Guarantor.
References to Guarantor. Each reference to Guarantor herein shall be deemed to include the officers, employees and agents of the Guarantor and their respective successors and assigns.
References to Guarantor. All references in this Guarantee to representations and warranties by, covenants of, actions and steps by, or the performance of the terms and conditions hereof by the “Guarantor” shall, as the context requires, be and shall be construed as being by the trustee of Baytex Energy Trust on behalf of and in respect of such trust.
References to Guarantor. All references to "Guarantor" in this Agreement shall mean each and all Guarantors (whether Guarantor is a natural person or a legal entity, and regardless of the use of the word "it" or similar term to refer to Guarantor), except where the context otherwise requires. Each promise, agreement, representation, warranty and covenant made by Guarantor herein is made and given by each Guarantor, jointly and severally, and all rights of Guarantor hereunder are enjoyed with respect to each Guarantor, except as expressly set forth herein.
References to Guarantor. Any references in the Loan Documents and Unsecured Indemnity Agreement to Guarantor, Liable Parties, or other similar terms meaning to describe the Original Guarantor under the terms of the Loan Documents and Unsecured Indemnity Agreement shall hereafter be deemed references to the New Guarantor, as defined by this Assumption Agreement.
References to Guarantor. [All references in this Guarantee to representations and warranties by, covenants of, actions and steps by, or the performance of the terms and conditions hereof by the “Guarantor” shall, as the context requires, be and shall be construed as being by the partners of [•] on behalf of and in respect of such partnership.] [Note: Insert Section 9.20, with appropriate conforming changes, for a guarantee by a general partnership; insert similar provisions, with additional conforming changes, for a guarantee by a limited partnership, trust or other unincorporated entity.] IN WITNESS WHEREOF the Guarantor has executed this Guarantee. ● By: Name: ● Title: ● c/s SCHEDULE H-2 FORM OF DEMAND DEBENTURE [DEBTOR] DEMAND DEBENTURE Agent and Address: NATIONAL BANK OF CANADA, as Agent Corporate Customer Service – Syndication and Agency Group 000 Xxxxx x’Xxxxx, 26th Floor Montreal, QC H2Y 2W3 Date: [●], 2017 PREAMBLE:
References to Guarantor. The term "Guarantor" as used herein shall, if this instrument is signed by more than one party, mean the "Guarantor and each of them" and each and every undertaking shall be their joint and several undertaking; provided, however, that in the subparagraph hereof designed "Waiver of Rights" the term "Guarantor" shall mean the "Guarantor or any of them." If any party hereto shall be a partnership or limited liability company, the agreements and obligations on the part of such party herein contained shall remain in force and applicable notwithstanding any changes in the individuals composing the partnership or limited liability company, and the terms "Guarantor" and "Borrower" shall include any altered or successive partnerships or limited liability companies, but predecessor partnerships or limited liability companies and their partners or members shall not thereby be released from any obligation or liability. Each reference to Guarantor and any pronouns referring thereto as used herein shall be construed in the masculine, feminine, neuter, singular, or plural as the context may require and shall be deemed to include the heirs, executors, administrators, legal representatives, successors and assigns of Guarantor, all of whom shall be bound by the provisions hereof.
References to Guarantor. [All references in this Guarantee to representations and warranties by, covenants of, actions and steps by, or the performance of the terms and conditions hereof by the “Guarantor” shall, as the context requires, be and shall be construed as being by the partners of [•] on behalf of and in respect of such partnership.] [Note: Insert Section 9.20, with appropriate conforming changes, for a guarantee by a general partnership; insert similar provisions, with additional conforming changes, for a guarantee by a limited partnership, trust or other unincorporated entity.] IN WITNESS WHEREOF the Guarantor has executed this Guarantee. [•] By:_________________________ Name: [•] Title: [•] EXHIBIT 6 FORM OF NOTE [See Attached.] EXHIBIT A FORM OF NOTE BELLATRIX EXPLORATION LTD. 8.50% SENIOR SECURED SECOND LIEN NOTE DUE [•], 2023 THIS NOTE IS BEING ISSUED WITH ORIGINAL ISSUE DISCOUNT FOR UNITED STATES FEDERAL INCOME TAX PURPOSES. FOR INFORMATION REGARDING THE ISSUE PRICE, THE TOTAL AMOUNT OF ORIGINAL ISSUE DISCOUNT, THE ISSUE DATE, AND THE YIELD TO MATURITY OF THE NOTE, PLEASE CONTACT [name or title at Issuer], [address or telephone number]. THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. NEITHER THIS NOTE NOR ANY INTEREST HEREIN MAY BE OFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, REGISTRATION. No. [ ] [ ], 20[ ] $[ ] FOR VALUE RECEIVED, BELLATRIX EXPLORATION LTD., a Calgary, Alberta corporation (the “Issuer”), hereby promises to pay to [ ] (the “Holder”) or its registered assigns, at the office of U.S. BANK NATIONAL ASSOCIATION (the “Agent”) as set forth in the Note Purchase Agreement, the principal sum of [ ] Dollars ($[ ]) (or such lesser amount as shall equal the unpaid principal amount of this Note), in lawful money of the United States of America and in immediately available funds, on the dates and in the principal amounts provided in the Note Purchase Agreement as hereinafter defined, and to pay interest on the unpaid principal amount of this Note, at such office, in like money and funds, for the period commencing on the date of the purchase of this Note until this Note shall be paid in full, at the rates per annum and on the dates provided in the Note Purchase Agreement. The date and amount of this Note, and each payment made on account of the principal thereof, shal...
References to Guarantor. Each reference to Guarantor herein shall be deemed to include the legal representatives, heirs, officers, employees and agents of the Guarantor and their respective successors and assigns.
