Revival of Guaranty. If (a) any demand is made at any time on Lender for the repayment of any amount received by it or as proceeds of any collateral or security which have been applied in payment of any of the Guaranteed Obligations, and (b) Lender makes any repayment by reason of any judgment, decree or order of any court or administrative body or by reason of any settlement or compromise of such demand, Guarantor will be liable under this Guaranty for all amounts so repaid to the same extent as if such amounts had never been received originally by Lender. Except as provided in the preceding sentence, Guarantor’s obligations under this Guaranty will terminate when the Guaranteed Obligations have been fully paid, performed and satisfied.
Revival of Guaranty. If (i) any demand is made at any time on Bank for the repayment of any amount received by it or as proceeds of any collateral or security which have been applied in payment of any of the Guaranteed Obligations, and (ii) Bank makes any repayment by reason of any judgment, decree or order of any court or administrative body or by reason of any settlement or compromise of such demand, Guarantor will be liable under this Guaranty for all amounts so repaid to the same extent as if such amounts had never been received originally by Bank.
Revival of Guaranty. If (i) any demand is made at any time on Lender for the repayment of any amount received by it or as proceeds of any collateral or security which have been applied in payment of any of the Guaranteed Obligations, and (ii) Lender makes any repayment by reason of any judgment, decree or order of any court or administrative body or by reason of any settlement or compromise of such demand, Guarantor will be liable under this Guaranty for all amounts so repaid to the same extent as if such amounts had never been received originally by Lender.
Revival of Guaranty. If (i) any demand is made at any time on any Secured Creditor for the repayment of any amount received by it or as proceeds of any collateral or security which have been applied in payment of any of the Guaranteed Obligations, and (ii) any Secured Creditor makes any repayment by reason of any judgment, decree or order of any court or administrative body or by reason of any settlement or compromise of such demand, each Guarantor will be liable under this Guaranty for all amounts so repaid to the same extent as if such amounts had never been received originally by each affected Secured Creditor.
Revival of Guaranty. If, at any time, any payment of any portion of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of Borrower or otherwise, Guarantor’s obligations under this Guaranty with respect to that payment shall be reinstated at such time as though the payment had not been made and whether or not the Bank is in possession of this Guaranty. If acceleration of the time for payment of any of the Guaranteed Obligations is stayed upon the insolvency, bankruptcy or reorganization of Borrower, all such amounts otherwise subject to acceleration under the terms of any agreement relating to the Guaranteed Obligations shall nonetheless be payable by Guarantor forthwith on demand by Bank. Except as provided in the preceding sentences, Guarantor’s obligations under this Guaranty will terminate when the Guaranteed Obligations have been fully paid, performed and satisfied.
Revival of Guaranty. If any payments of money or transfers of property made to Summer by the Company, any other guarantor, any maker or any endorser should for any reason subsequently-be determined to be fraudulent (within the meaning of any state or federal law relating to fraudulent conveyances), preferential or otherwise voidable or recoverable in whole or in part for any reason (herein after collectively-called "voidable transfers")under the Bankruptcy Code or any other federal or state law and Summer is required to repay or restore any such voidable transfer, or the amount or any portion thereof, then the Guarantor's liability hereunder shall automatically be revived, reinstated and restored as to any such voidable transfer or the amount repaid or restored and all costs and expenses (including attorneys' fees) of Summer related thereto, and shall exist as though such voidable transfer had never been made to Summer.
Revival of Guaranty. If a claim ("Claim') is made upon Bank at any time (whether before or after payment or performance in full of any of the Guaranteed Obligations) for repayment or recovery of any amount or other value received by Bank (from any source) in payment of, or on account of, any of the Guaranteed Obligations and if Bank repays such amount, returns value or otherwise becomes liable for all or part of such Claim by reason of (a) any judgment, decree or order of any court or administrative body or (b) any settlement or compromise of such Claim, Guarantor shall remain severally liable to Bank hereunder for the amount so repaid or returned or for which Bank is liable to the same extent if such payments or value had never been received by Bank, notwithstanding any termination of this Guaranty nor the cancellation of any note or other document evidencing the Guaranteed Obligations.
Revival of Guaranty. Guarantor's liability under this Guaranty shall be reinstated and revived with respect to any amount paid by any party on account of the indebtedness which shall thereafter be required to be restored or returned by lender as a result of bankruptcy, or reorganization of such party or for any other reason all as though such amount had never been paid. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THE GUARANTY EFFECTIVE. THIS GUARANTY IS DATED DECEMBER 13, 1995. GUARANTOR: Kleiner Perkins Caufield & Byers VII, LP. By: KPCB VII Associates, LX., xxx Xxxxxxx Xxxxxxx By: /x/ JOSEPH S. LACOB --------------------- Name: Joseph S. Lacob Gxxxxxx Xxxxxxx PARTNERSXXX XXXXXXXXXXX TO GUARANTEE / SUBORDINATE Borrower: SPORTSLINE USA, INC. Bank: Silicon Valley Bank a California chartered bank 6340 NW5th Way doing business as "Silicon Valley East" Fort Lauderdale, FL 33309 40 William Street, Suite 350 Xxxxxxxxx,MA 02181 Partnership: Kleiner Perkins Caufield & Byers VII, L.P. 0000 Xxnx Xxxx Rxxx Menlo Park, CA 94025 In consideratixx xx xxx xxxxxxxx Xxxxxxxxxx Xxxx xx xxxx xxxx xxxxxith, in the original principal amount of $1,500,000.00 (the "Bridge Note") between SportsLine USA, Inc. ("Borrower") and Silicon Valley Bank ("Bank"), the persons signing below on behalf of KPCB VII Founders Fund, L.P. (the "Partnership") jointly and severally represent and certify to Bank and agree with Bank that they are the sole general partners of the Partnership that the Partnership name shown above is the complete and correct name of the Partnership.
Revival of Guaranty. If a claim is made on Beneficiary at any time (whether before or after payment or performance in full of any Guaranteed Obligation, and whether such claim is asserted in a bankruptcy proceeding or otherwise) for repayment or recovery of any amount or other value received by Beneficiary (from any source) in payment of, or on account of, any Guaranteed Obligation and if Beneficiary repays such amount, returns value or otherwise becomes liable for all or part of such claim by reason of (i) any judgment, decree, or order of any court or administrative body or (ii) any settlement or compromise of such claim, Guarantor shall remain severally liable to Beneficiary for the amount so repaid or returned or for which Beneficiary is liable to the same extent as if such payments or value had never been received by Beneficiary, despite any termination of this Guaranty or the cancellation of any note or other document evidencing any Guaranteed Obligation.
Revival of Guaranty. If (i) any demand is made at any time on Lender for the repayment of any amount received by it from either or both of Borrowers or as proceeds of any collateral or security which have been applied in payment of any of the Guaranteed Obligations, and (ii) Lender makes any repayment to either or both of Borrowers (including any trustee, debtor-in-possession or other Person (as defined in the Financing Agreement) asserting the powers of a trustee in bankruptcy) or to any trustee, receiver, sequestrator, liquidator, or custodian (as defined under the Bankruptcy Code) or any other Person under the Bankruptcy Code, any other bankruptcy act, any state or federal law, common law or equitable cause, by reason of any judgment, decree or order of any court or administrative body or by reason of any settlement or compromise of such demand, Guarantors, subject to the terms of this Guaranty, will be liable under this Guaranty for all amounts so repaid to the same extent as if such amounts had never been received originally by Lender.
