Replacement of Guaranty. Upon receipt of an affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of this Guaranty and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Guaranty, the undersigned will issue, in lieu thereof, a replacement Guaranty. This Guaranty has been executed by the Guarantor, through its duly authorized representative where required, as of the date above written. HoloPak Technologies, Inc. /s/ Xxxx X. Xxxxxxxxxx By: /s/ Xxxxxx Xxxxxx ------------------------------- ---------------------------------------- Witness Its: Treasurer & Chief Financial Officer FLEET NATIONAL BANK GUARANTY This Guaranty is executed and delivered as of August 6, 1999 by the undersigned, Foilmark Foreign Sales Corporation, a Barbados corporation, with an address at Xxxxxx Church (the "Guarantor") to FLEET NATIONAL BANK, a national banking association organized and existing under the laws of the United States of America, having an office located at Xxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx (the "Bank").
Replacement of Guaranty. Upon receipt of an affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of this Guaranty and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Guaranty, the undersigned will issue, in lieu thereof, a replacement Guaranty. This Guaranty has been executed by the Guarantor, through its duly authorized representative where required, as of the date above written. Alubec Industries /s/ Xxxx X. Xxxxxxxxxx By: /s/ Xxxxxx Xxxxxx ------------------------------- --------------------------------------- Witness Its: Treasurer & Chief Financial Officer FLEET NATIONAL BANK GUARANTY This Guaranty is executed and delivered as of August 6, 1999 by the undersigned, Foilmark Manufacturing Corporation, a Delaware corporation, with an address at 0 Xxxxxxx Xxxx Drive, Newburyport, Massachusetts (the "Guarantor") to FLEET NATIONAL BANK, a national banking association organized and existing under the laws of the United States of America, having an office located at Xxx Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx (the "Bank").
Replacement of Guaranty. Upon receipt of an affidavit of an officer of the Bank as to the loss, theft, destruction or mutilation of this Guaranty and, in the case of any such loss, theft, destruction or mutilation, upon cancellation of such Guaranty, the undersigned will issue, in lieu thereof, a replacement Guaranty. This Guaranty has been executed by the Guarantor, through its duly authorized representative where required, as of the date above written. Foilmark Manufacturing Corporation /s/ Xxxx X. Xxxxxxxxxx By: /s/ Xxxxxx Xxxxxx -------------------------------- --------------------------------------- Witness Its: Treasurer & Chief Financial Officer FLEET NATIONAL BANK GUARANTY
Replacement of Guaranty. 19 Section 5.10 Governing Law..................................... 19 Section 5.11
Replacement of Guaranty. (a) This Guaranty may be replaced to the extent provided herein, subject to the provisions of Subsection 5.9(b), if either (A) another Person acceptable to the Lessor, each of the Banks, and if the rights, obligations, or duties of the Administrative Agent are affected thereby, the Administrative Agent, such acceptance not to be unreasonably withheld, executes a guaranty in form and substance substantially similar to this Guaranty, including any changes thereto approved by the Lessor, each of the Banks, and if the rights, obligations, or duties of the Administrative Agent are affected thereby, the Administrative Agent, (B) another Person obtains from a bank with assets of $60 billion or more and whose long-term, unsecured debt is rated A or better by S&P or A2 or better by Xxxxx'x, or any successor rating agency, a letter of credit naming the Beneficiaries as the beneficiaries thereunder, in form and substance, and in an amount, satisfactory to the Lessor, each of the Banks, and if the rights, obligations, or duties of the Administrative Agent are affected thereby, the Administrative Agent, or (C) NGC obtains from a bank whose long-term, unsecured debt is rated A or better by S&P or A2 or better by Xxxxx'x, or any successor rating agency, a letter of credit naming the Beneficiaries as the beneficiaries thereunder in form and substance, and in an amount, satisfactory to the Lessor, the Majority Banks, and if the rights, obligations, or duties of the Administrative Agent are affected thereby, the Administrative Agent.
Replacement of Guaranty. The Guaranty attached to the Sixteenth Amendment as Exhibit “C” thereto is hereby replaced with the Guaranty attached to this Amendment as Exhibit “A” and incorporated herein by reference. All references in the Agreement to the Guaranty shall mean the Guaranty in the form attached to this Amendment as Exhibit “A.”
Replacement of Guaranty. As further consideration to Stockholder, SNC agrees to (forthwith after consummation of the Merger) offer to the Company’s landlord to provide a SNC guaranty of the Company’s Poway real estate lease in exchange for the immediate release of the guaranty (and security therefor) which Xxxxx Xxxxxx and/or Xxxxx Xxxxxx had provided with respect to such lease.
Replacement of Guaranty. Valhi Holding Company, a Delaware corporation and a parent company of Seller Guarantor, shall have been fully and unconditionally released, effective on or prior to the Closing, from any obligation or Liability under the Permit Support Obligations referenced in item (A) (1)(a), (b) and (c) of Schedule 4.03(c), including the termination and redelivery of each original guaranty.
Replacement of Guaranty. If any portion of the Development Security or the Performance Security is in the form of a guaranty, then Seller shall provide, or cause to be provided, replacement security in the form of a letter of credit (from a Qualified Issuer), or a guaranty from a Qualified Guarantor in the required amount set forth in this Section 5.3 (less any amounts previously drawn by Buyer) within ten (10) Business Days after the earlier of (i) the date on which the guarantor experiences a Downgrade Event, and (ii) the date that Seller becomes aware, or Buyer notifies Seller of, the occurrence of any one of the following events: (A) the failure of the guarantor to make a payment under the guaranty immediately following Buyer’s properly documented claim made pursuant thereto in accordance with its terms; (B) any representation or warranty made by the guarantor in connection with this Agreement or the guaranty is false or misleading in any material respect when made or when deemed made or repeated; (C) the guarantor is in Bankruptcy; (D) the guaranty fails to be in full force and effect in accordance with the terms of this Agreement before the satisfaction of all obligations of Seller under this Agreement; or (E) the guarantor repudiates, disaffirms, disclaims, or rejects, in whole or in part, or challenges the validity of, its guaranty.
Replacement of Guaranty. If any portion of the Development Security or the Performance Security is in the form of a guaranty, then Seller shall provide, or cause to be provided, replacement security in the form of a letter of credit (from a Qualified Issuer), or a guaranty from a Qualified Guarantor in the required amount set forth in this Section 5.3 (less any amounts previously drawn by Buyer) within ten (10) Business Days after the earlier of (i) the date on which the guarantor experiences a Downgrade Event, and (ii) the date that Seller becomes aware, or Buyer notifies Seller of, the occurrence of any one of the following events:
