Common use of Suits Clause in Contracts

Suits. Each Guarantor from time to time shall pay to the Administrative Agent for the benefit of the Guaranteed Parties, on demand, at the Administrative Agent’s place of business set forth in the Credit Agreement or such other address as the Administrative Agent shall give notice of to such Guarantor, the Guarantors’ Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Administrative Agent may proceed to suit against any one or more or all of the Guarantors. At the Administrative Agent’s election, one or more and successive or concurrent suits may be brought hereon by the Administrative Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other Guarantor, or any other Person and whether or not the Guaranteed Parties have taken or failed to take any other action to collect all or any portion of the Borrower’s Liabilities or have taken or failed to take any actions against any collateral securing payment or performance of all or any portion of the Borrower’s Liabilities, and irrespective of any event, occurrence, or condition described in Section 3 hereof.

Appears in 5 contracts

Samples: Credit Agreement (Autonation, Inc.), Credit Agreement (Autonation, Inc.), Credit Agreement (Autonation, Inc.)

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Suits. Each Guarantor from time to time shall pay to the Administrative Agent for the benefit of the Guaranteed Secured Parties, on demand, at the Administrative Agent’s 's place of business set forth in the Credit Agreement or such other address as the Administrative Agent shall give notice of to such Guarantor, the Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Administrative Agent may proceed to suit against any one or more or all of the Guarantors. At the Administrative Agent’s 's election, one or more and successive or concurrent suits may be brought hereon by the Administrative Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other Guarantor, or any other Person and whether or not the Guaranteed Secured Parties have taken or failed to take any other action to collect all or any portion of the Borrower’s 's Liabilities or have taken or failed to take any actions against any collateral securing payment or performance of all or any portion of the Borrower’s 's Liabilities, and irrespective of any event, occurrence, or condition described in Section 3 hereof.

Appears in 3 contracts

Samples: Guaranty Joinder Agreement (Precision Castparts Corp), Guaranty Agreement (Block Communications Inc), Guaranty Agreement (Alltrista Corp)

Suits. Each Guarantor from time to time shall pay to the Administrative Agent for the benefit of the Guaranteed Secured Parties, on demand, at the Administrative Agent’s place of business set forth in the Credit Agreement or such other address as the Administrative Agent shall give notice of to such Guarantor, the Guarantors’ Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Administrative Agent may proceed to suit against any one or more or all of the Guarantors. At the Administrative Agent’s election, one or more and successive or concurrent suits may be brought hereon by the Administrative Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other Guarantor, or any other Person and whether or not the Guaranteed Secured Parties have taken or failed to take any other action to collect all or any portion of the Borrower’s Guaranteed Liabilities or have taken or failed to take any actions against any collateral securing payment or performance of all or any portion of the Borrower’s Guaranteed Liabilities, and irrespective of any event, occurrence, or condition described in Section 3 hereof.

Appears in 2 contracts

Samples: Guaranty Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)

Suits. Each Guarantor from time to time shall pay to the Administrative Agent for the benefit of the Guaranteed Secured Parties, on demand, at the Administrative Agent’s 's place of business set forth in the Credit Agreement or such other address as the Administrative Agent shall give notice of to such Guarantor, the Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Administrative Agent may proceed to suit against any one or more or all of the Guarantors. At the Administrative Agent’s 's election, one or more and successive or concurrent suits may be brought hereon by the Administrative Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the BorrowerBorrowers, any other Guarantor, or any other Person and whether or not the Guaranteed Secured Parties have taken or failed to take any other action to collect all or any portion of the Borrower’s Borrowers' Liabilities or have taken or failed to take any actions against any collateral securing payment or performance of all or any portion of the Borrower’s Borrowers' Liabilities, and irrespective of any event, occurrence, or condition described in Section 3 hereof.

Appears in 1 contract

Samples: Credit Agreement (Pepsiamericas Inc)

Suits. Each Guarantor from time to time shall pay to the Administrative Agent for the benefit of the Guaranteed Parties, on written demand, at the Administrative Agent’s place of business set forth in the Credit Agreement Office or such other address as the Administrative Agent shall give notice of to such Guarantor, the Guarantors’ Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Administrative Agent may proceed to suit against any one or more or all of the Guarantors. At the Administrative Agent’s election, one or more and successive or concurrent suits may be brought hereon by the Administrative Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other Guarantor, or any other Person and whether or not the Guaranteed Parties have taken or failed to take any other action to collect all or any portion of the Borrower’s Guaranteed Liabilities or Guarantors’ Obligations or have taken or failed to take any actions against any collateral securing payment or performance of all or any portion of the Borrower’s LiabilitiesGuaranteed Liabilities or Guarantors’ Obligations, and irrespective of any event, occurrence, or condition described in Section 3 hereof.

Appears in 1 contract

Samples: Credit Agreement (Republic Services Inc)

Suits. Each Guarantor from time to time shall pay to the Administrative Agent for the benefit of the Guaranteed Secured Parties, on demand, at the Administrative Agent’s 's place of business set forth in the Credit Agreement or such other address as the Administrative Agent shall give notice of to such Guarantor, the Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Administrative Agent may proceed to suit against any one or more or all of the Guarantors. At the Administrative Agent’s 's election, one or more and successive or concurrent suits may be brought hereon by the Administrative Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the a Borrower, any other Guarantor, or any other Person and whether or not the Guaranteed Secured Parties have taken or failed to take any other action to collect all or any portion of the Borrower’s Guaranteed Liabilities or have taken or failed to take any actions against any collateral securing payment or performance of all or any portion of the Borrower’s Guaranteed Liabilities, and irrespective of any event, occurrence, or condition described in Section 3 hereof.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Barnes & Noble Inc)

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Suits. Each Guarantor from time to time shall pay to the Administrative Agent for the benefit of the Guaranteed Secured Parties, on demand, at the Administrative Agent’s 's place of business set forth in the Credit Agreement or such other address as the Administrative Agent shall give notice of to such Guarantor, the Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Administrative Agent may proceed to suit against any one or more or all of the Guarantors. At the Administrative Agent’s 's election, one or more and successive or concurrent suits may be brought hereon by the Administrative Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other Guarantor, or any other Person and whether or 4 not the Guaranteed Secured Parties have taken or failed to take any other action to collect all or any portion of the Borrower’s 's Liabilities or have taken or failed to take any actions against any collateral securing payment or performance of all or any portion of the Borrower’s 's Liabilities, and irrespective of any event, occurrence, or condition described in Section 3 hereof.

Appears in 1 contract

Samples: Guaranty (Borgwarner Inc)

Suits. Each Guarantor from time to time shall pay to the Administrative Agent for the benefit of the Guaranteed Secured Parties, on demand, at the Administrative Agent’s place of business set forth in the Credit Agreement Office or such other address as the Administrative Agent shall give notice of to such Guarantor, the Guarantors’ Obligations as they become or are declared duedue in accordance with the terms and conditions hereof, and in the event such payment is not made forthwith, the Administrative Agent may proceed to suit against any one or more or all of the Guarantors. At the Administrative Agent’s election, one or more and successive or concurrent suits may be brought hereon by the Administrative Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other Guarantor, or any other Person and whether or not the Guaranteed Secured Parties have taken or failed to take any other action to collect all or any portion of the Borrower’s Guaranteed Liabilities or have taken or failed to take any actions against any collateral securing payment or performance of all or any portion of the Borrower’s Guaranteed Liabilities, and irrespective of any event, occurrence, or condition described in Section 3 hereof.

Appears in 1 contract

Samples: Credit Agreement (Hologic Inc)

Suits. Each Guarantor from time to time shall pay to the Administrative Agent for the benefit of the Guaranteed Secured Parties, on demand, at the Administrative Agent’s 's place of business set forth in the Credit Agreement or such other address as the Administrative Agent shall give notice of to such Guarantor, the Guarantors' Obligations as they become or are declared due, and in the event such payment is not made forthwith, the Administrative Agent may proceed to suit against any one or more or all of the Guarantors. At the Administrative Agent’s 's election, one or more and successive or concurrent suits may be brought hereon by the Administrative Agent against any one or more or all of the Guarantors, whether or not suit has been commenced against the Borrower, any other Guarantor, or any other Person and whether or not the Guaranteed Secured Parties have taken or failed to take any other action to collect all or any portion of the Borrower’s Guaranteed Liabilities or have taken or failed to take any actions against any collateral securing payment or performance of all or any portion of the Borrower’s Guaranteed Liabilities, and irrespective of any event, occurrence, or condition described in Section 3 hereof.

Appears in 1 contract

Samples: Guaranty Agreement (Main Street Restaurant Group, Inc.)

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