Substantial Benefits. The funds that have been borrowed from the Lenders by Holdings have been and are to be contemporaneously used for the direct or indirect benefit of Holdings and each Guarantor. It is the position, intent and expectation of the parties that Holdings and each Guarantor have derived and will derive significant and substantial direct or indirect benefits from the accommodations that have been made by the Lenders under the Loan Documents.
Substantial Benefits. The Credit Extensions provided to or for the benefit of Borrowers hereunder by Lending Parties have been and are to be contemporaneously used for the benefit of Borrowers and each Guarantor. It is the position, intent and expectation of the parties that Borrowers and each Guarantor have derived and will derive significant and substantial benefits from the Credit Extensions to be made available by Lending Parties under the Loan Documents. Each Guarantor has received at least “reasonably equivalent value” (as such phrase is used in Section 548 of the Bankruptcy Code and in comparable provisions of other applicable Laws) and more than sufficient consideration to support its obligations hereunder in respect of the Guaranteed Obligations. Immediately prior to and after and giving effect to the incurrence of each Guarantor’s obligations under this Guaranty, such Guarantor will be Solvent.
Substantial Benefits. The Term Loan provided to or for the benefit of the Borrowers hereunder by the Lender has been and is to be contemporaneously used for the benefit of the Borrowers and each Subsidiary Guarantor and their respective Subsidiaries. It is the position, intent and expectation of the parties that the Borrowers and each Subsidiary Guarantor have derived and will derive significant and substantial benefits from the Term Loan to be made available by the Lender under the Loan Documents. Each Subsidiary Guarantor has received at least “reasonably equivalent value” (as such phrase is used in Section 548 of the Bankruptcy Code and in comparable provisions of other applicable Laws) and more than sufficient consideration to support its obligations hereunder in respect of the Guaranteed Obligations. Immediately prior to and after and giving effect to the incurrence of each Subsidiary Guarantor’s obligations under this Guaranty, such Subsidiary Guarantor will be solvent and will not be subject to any Insolvency Proceedings.
Substantial Benefits. The Credit Extensions provided to or for the benefit of the Borrowers hereunder by Lending Parties have been and are to be contemporaneously used for the benefit of each Borrower and each of the other Loan Parties. It is the position, intent and expectation of the parties that each Borrower and each other Loan Party have derived and will derive significant and substantial direct and indirect benefits from the Credit Extensions to be made available by Lending Parties under the Loan Documents.
Substantial Benefits. The Credit Extensions provided to or for the benefit of Borrower hereunder by Lending Parties have been and are to be contemporaneously used for the benefit of Borrower and each Subsidiary Guarantor. It is the position, intent and expectation of the parties that Borrower and each Subsidiary Guarantor have derived and will derive significant and substantial benefits from the Credit Extensions to be made available by Lending Parties under the Loan Documents. Each Subsidiary Guarantor has received at least “reasonably equivalent value” (as such phrase is used in Section 548 of the Bankruptcy Code, in the New York Uniform Fraudulent Conveyance Act and in comparable provisions of other applicable law) and more than sufficient consideration to support its obligations hereunder in respect of the Guaranteed Obligations. Immediately prior to and after and giving effect to the incurrence of each Subsidiary Guarantor’s obligations under this Guaranty, such Subsidiary Guarantor will be solvent.
Substantial Benefits. The funds that have been borrowed from the -------------------- Banks by the Borrowers, and the Issuance of any Letter of Credit by the Issuing Bank, have been and are to be contemporaneously used for the direct or indirect benefit of the Borrowers and each Guarantor. It is the position, intent and expectation of the parties that the Borrowers and each Guarantor have derived and will derive significant and substantial direct or indirect benefits from the accommodations that have been made by the Banks, the Swingline Bank and the Issuing Bank under the Loan Documents.
Substantial Benefits. The Credit Extensions provided to or for the benefit of the Borrowers hereunder by Lending Parties and any Bank Products provided to or for the benefit of the Borrowers by the Bank Product Providers have been and are to be contemporaneously used for the benefit of the Borrowers and each Subsidiary Guarantor. It is the position, intent and expectation of the parties that each Borrower and each Subsidiary Guarantor have derived and will derive significant and substantial direct and indirect benefits from the Credit Extensions to be made available by Lending Parties or any Bank Product Provider under the Loan Documents and any Bank Products made available by the Bank Product Providers.
Substantial Benefits. The Credit Extensions provided to or for the benefit of the Borrowers hereunder by Lending Parties and any Bank Products provided to or for the benefit of the Borrowers by the Bank Product Providers have been and are to be contemporaneously used for the benefit of each Borrower and each of the other Loan Parties. It is the position, intent and expectation of the parties that each Borrower and each other Loan Party have derived and will derive significant and substantial direct and indirect benefits from the Credit Extensions to be made available by Lending Parties under the Loan Documents and any Bank Products made available by the Bank Product Providers.
Substantial Benefits. The funds that have been borrowed from the Banks by the Companies, and the Issuance of any Letter of Credit by the Issuing Bank, have been and are to be contemporaneously used for the benefit of the Companies and the Guarantor. It is the position, intent and expectation of the parties that the Companies and the Guarantor have derived and will derive significant and substantial benefits from the accommodations that have been made by the Banks and the Issuing Bank under the Loan Documents. The Guarantor has received at least "reasonably equivalent value" (as such phrase is used in §548 of the Bankruptcy Code, in §3439.04 of the California Uniform Fraudulent Transfer Act and in comparable provisions of other applicable law) and more than sufficient consideration to support its obligations hereunder in respect of the Guaranteed Obligations and under any of the Loan Documents to which it is a party. Immediately prior to and after and giving effect to the incurrence of the Guarantor's obligations under this Guaranty the Guarantor will be solvent.
Substantial Benefits. The Loan provided to or for the benefit of the Company hereunder by the Lenders and the September Notes Lenders has been and is to be used for the benefit of the Company and each Subsidiary Guarantor and their respective Subsidiaries. It is the position, intent and expectation of the parties that the Company and each Subsidiary Guarantor have derived and will derive significant and substantial benefits from the Loan made or to be made available by the Lenders under the Loan Documents and by the September Notes Lenders. Each Subsidiary Guarantor has received at least “reasonably equivalent value” (as such phrase is used in Section 548 of the Bankruptcy Code and in comparable provisions of other applicable Laws) and more than sufficient consideration to support its obligations hereunder in respect of the Guaranteed Obligations. Immediately prior to and after and giving effect to the incurrence of each Subsidiary Guarantor’s obligations under this guaranty, such Subsidiary Guarantor will be solvent and will not be subject to any Insolvency Proceedings.
