Subordinated Guaranty. The Amended and Restated Guaranty, dated as of --------------------- February __, 2001, made by each Subsidiary of the Borrower in favor of the Subordinating Creditor.
Subordinated Guaranty. The Subordinated Guaranty or any provision thereof shall cease to be in full force or effect as to any Subordinated Guarantor, or any Subordinated Guarantor or any Person acting by or on behalf of any Subordinated Guarantor shall deny or disaffirm such Subordinated Guarantor's obligations under the Subordinated Guaranty, or any Subordinated Guarantor shall default in the due performance or observance of any term, covenant or agreement on its part to be performed or observed pursuant to the Subordinated Guaranty and such default shall continue beyond any grace period specifically applicable thereto; or
Subordinated Guaranty. Subject to the terms and conditions hereof and the terms and conditions of the Intercreditor and Subordination Agreement dated as of July 31, 1996, by and among Guarantor, Maker, Payee and Sanwa Business Credit Corporation (the "Intercreditor and Subordination Agreement"), Guarantor hereby irrevocably guarantees the prompt payment and performance when due, whether at stated maturity or by acceleration, of all obligations of Maker now or hereafter existing under the Subordinated Notes, whether for principal, interest, fees, expenses or otherwise. Subject to the terms and conditions hereof and the terms and conditions of the Intercreditor and Subordination Agreement, this is a guaranty of payment and performance and not of collectibility and Payee shall have the right to proceed first and directly against Guarantor under this Subordinated Guaranty in the same manner and to the same extent that Payee could proceed directly against Maker, without first proceeding against Maker or any other person or entity or exhausting any other remedies Payee may have against Maker. Guarantor shall not be released, and this Subordinated Guaranty shall not be impaired, by any extension in the time for the payment of any amounts due or for the performance of any obligations to be performed by Maker under the Subordinated Notes or any other document or agreement executed in connection therewith, or by any amendment or modification of or by any addition to or deletion from the Subordinated Notes or any other document or agreement executed in connection therewith, or by any waiver of any default or any rights hereunder or thereunder, whether or not Payee shall have had notice or knowledge of any of the foregoing.
Subordinated Guaranty. For value received and pursuant to and in accordance with the terms of the Indenture, each of JCC Holding, CP Development, FP Development and JCC Development has unconditionally guaranteed on a subordinated basis as provided in Article XIV of the Indenture (the "Guaranty"), to each Holder of a Security and the Trustee the due and punctual payment of the Contingent Payments on such Security when and as the same shall become due and payable for any reason in accordance with the terms of such Security and the Indenture. For value received and pursuant to and in accordance with the terms of the Indenture, JCC Holding has unconditionally guaranteed, on a subordinated basis as provided in Article XIV of the Indenture, to each holder of a Guaranty that the obligations of each of CP Development, FP Development and JCC Development under the Guaranty will be promptly paid in full or performed in accordance with the terms of the Guaranty and the Indenture. The guarantors may be released from their respective guaranties in accordance with the terms of the Indenture. [FORM OF ASSIGNMENT] I or we assign this Security to -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- (Print or type name, address and zip code of assignee) Please insert Social Security or other identifying number of assignee _________ _________ and irrevocably appoint____________________________ agent to transfer this Security on the books of the Company. The agent may substitute another to act for him. Dated: Signed: --------------------- ---------------------------
Subordinated Guaranty. This Security is entitled to the benefits of the Guaranty made by the Guarantor, as described in the Indenture, pursuant to which the Guarantor has irrevocably and unconditionally guaranteed on a subordinated basis (as provided in Article 12 of the Indenture) the punctual payment when due, whether at stated maturity, by acceleration, redemption or otherwise, of all obligations of the Company under the Indenture and this Security. The Guarantor shall be released from its Guaranty upon the terms and subject to the conditions set forth in the Indenture.
Subordinated Guaranty. On the Initial Funding Date, HCC shall have duly authorized, executed and delivered a Subordinated Guaranty in the form of EXHIBIT G (as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof, the "Subordinated Guaranty"), and the Subordinated Guaranty shall be in full force and effect.
Subordinated Guaranty. 8 3.06 Consummation of the Recapitalization; Corporate Structure .........8 3.07
Subordinated Guaranty. On the Funding Date, each Subsidiary of the Borrower, shall have duly authorized, executed and delivered a Subordinated Guaranty in the form of Exhibit E (as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof, the "Subordinated Guaranty"), and the Subordinated Guaranty shall be in full force and effect.
Subordinated Guaranty. (a) Subject to the provisions of the Lien Subordination Agreement, to induce the Lender to make the Loans, each Guarantor hereby absolutely, unconditionally and irrevocably guarantees, as primary obligor and not merely as surety, the full and punctual payment when due, whether at stated maturity or earlier, by reason of acceleration, mandatory prepayment or otherwise in accordance herewith or any other Loan Document, of all the Obligations, whether or not from time to time reduced or extinguished or hereafter increased or incurred, whether or not recovery may be or hereafter may become barred by any statute of limitations, and whether enforceable or unenforceable as against the Borrower, now or hereafter existing, or due or to become due, including principal, interest (including interest at the contract rate applicable upon default accrued or accruing after the commencement of any proceeding under the Bankruptcy Code, whether or not such interest is an allowed claim in such proceeding), fees and costs of collection. This Subordinated Guaranty constitutes an absolute guaranty of payment and performance and not of collection.
Subordinated Guaranty. 4 4.11. Opinion of Counsel at Funding . . . . . . . . . . 4
