Common use of Termination; Reinstatement Clause in Contracts

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender is given written notice of any of the Guarantors' intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender at the address of Lender for notices set forth in the Note. No such notice shall affect any rights of Lender hereunder, including without limitation the rights set forth in (S)(S)4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.

Appears in 3 contracts

Samples: Guaranty (Chart House Enterprises Inc), Chart House Enterprises Inc, Chart House Enterprises Inc

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Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in (S)21 of the NoteCredit Agreement. No such notice shall affect any rights of Lender the Agent or any Bank hereunder, including without limitation the rights set forth in (S)(S)4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, including, without limitation the Credit Agreement and the Notes. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent or any Bank upon the insolvency, bankruptcy Bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 2 contracts

Samples: Credit Agreement (Jackson Products Inc), Jackson Products Inc

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender is the Banks are given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer delivered in accordance with Section 19 of Lender at the address of Lender for notices set forth in the NoteCredit Agreement. No such notice shall affect any rights of Lender hereunderthe Agent or the Banks or of any affiliate hereunder including, including without limitation limitation, the rights set forth in (S)(S)4 Sections 4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Customer and drawn on the Banks or any of its agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by the Banks after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any an Obligation is rescinded or must otherwise be returned by Lender the Agent or the Banks upon the insolvency, bankruptcy or reorganization of the CompanyCustomer, or otherwise, all as though such payment had not been made or value received.

Appears in 2 contracts

Samples: Unlimited Guaranty (Dollar Tree Stores Inc), Unlimited Guaranty (Dollar Tree Stores Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender is given the earlier of (a) payment in full of all principal, interest, fees or other amounts then owing under the Credit Agreement and the other Loan Documents, and (b) receipt by Bank of written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice provided in clause (b) shall be effective unless received and acknowledged by an officer of Lender the Bank at its head office or at the address branch of Lender for notices set forth in the NoteBank where this Guaranty is given. No such notice under clause (b) shall affect any rights of Lender hereunderthe Bank or of any affiliate hereunder including, including without limitation limitation, the rights set forth in (S)(S)4 Sections 4 and 67, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Debtor and drawn on the Bank or any of its agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by the Bank after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any an Obligation is rescinded or must otherwise be returned by Lender the Bank upon the insolvency, bankruptcy or reorganization of the CompanyDebtor, or otherwise, all as though such payment had not been made or value received.

Appears in 2 contracts

Samples: Guarantor Indemnification Agreement (Tyco International LTD /Ber/), Limited Guaranty (Fibercore Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect against the Guarantor until the Lender is given written notice of any of the Guarantors' Guarantor's intention to discontinue this GuarantyGuaranty with respect to the Guarantor, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the ObligationsObligations (and to the extent such notice is given by the Guarantor, this Guaranty shall remain in full force and effect against each other Guarantor). No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of Lender for notices set forth in the NoteSPA. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 2 contracts

Samples: Guaranty (Wisa Technologies, Inc.), Summit Wireless Technologies, Inc.

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in ss.19 of the NoteCredit Agreement. No such notice shall affect any rights of Lender the Agent or any Bank hereunder, including without limitation the rights set forth in (S)(S)4 ss.ss.4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent or any Bank upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 2 contracts

Samples: Guaranty (Rogers Corp), Guaranty (Rogers Corp)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender for notices set forth in the Noteits head office. No such notice shall affect any rights of Lender hereunderthe Agent or the Lenders or of any affiliate hereunder including, including without limitation limitation, the rights set forth in (S)(S)4 Sections 4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and all checks drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Borrowers and drawn on the Agent or any Lender or any of their agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by the Agent or any Lender after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any an Obligation is rescinded or must otherwise be returned by the Agent or any Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrowers, or otherwise, all as though such payment had not been made or value received.

Appears in 2 contracts

Samples: Credit Agreement (Brookstone Inc), Credit Agreement (Brookstone Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Bank is given written notice of any of the Guarantors' Guarantor’s intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Bank at its head office or at the address branch of Lender for notices set forth in the NoteBank where this Guaranty is given. No such notice shall affect any rights of Lender hereunderthe Bank or of any affiliate hereunder including, including without limitation limitation, the rights set forth in (S)(S)4 Sections 4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Customer and drawn on the Bank or any of its agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by the Bank after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any an Obligation is rescinded or must otherwise be returned by Lender the Bank upon the insolvency, bankruptcy or reorganization of the CompanyCustomer, or otherwise, all as though such payment had not been made or value received.

Appears in 2 contracts

Samples: Unlimited Guaranty (Lucid Inc), Unlimited Guaranty (Lucid Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations, provided that this Guaranty shall terminate upon irrevocable payment in full of all of the Obligations and termination of the Commitment. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in §16.6 of the NoteCredit Agreement. No such notice shall affect any rights of the Agent or any Lender hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Agent or any Lender upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.

Appears in 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Guaranty (Seacastle Inc.)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in Section 14.3 of the NoteCredit Agreement. No such notice shall affect any rights of Lender the Lenders hereunder, including without limitation the rights set forth in (S)(S)4 Sections 5 and 67 hereof, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent, on behalf of the Lenders, upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Guaranty (Global Technovations Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in ss.21 of the NoteCredit Agreement. No such notice shall affect any rights of Lender the Agent or any Bank hereunder, including without limitation the rights set forth in (S)(S)4 ss.ss.4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent or any Bank upon the insolvency, bankruptcy or reorganization of the any Company, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Morgan Group Inc

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender Purchaser is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged in writing by an officer of Lender Purchaser at the address of Lender Purchaser for notices set forth in the NoteSection 12 of this Guaranty. No such notice shall affect any rights of Lender Purchaser hereunder, including including, without limitation limitation, the rights set forth in (S)(S)4 Sections 2 and 63, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. Notwithstanding the foregoing, this Guaranty shall automatically terminate upon the indefeasible payment and performance of the Obligations in full. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such noticenotice or termination, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.at

Appears in 1 contract

Samples: Ugly Duckling Corp

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in ss.21 of the NoteCredit Agreement. No such notice shall affect any rights of Lender the Agent or any Bank hereunder, including without limitation the rights set forth in (S)(S)4 ss.ss.4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent or any Bank upon the insolvency, bankruptcy or reorganization of the Companyany Borrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Security Agreement (Genrad Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect against each Guarantor until the Lender is given written notice of any of the Guarantors' such Guarantor's intention to discontinue this GuarantyGuaranty with respect to such Guarantor, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the ObligationsObligations (and to the extent such notice is given by the Guarantor, this Guaranty shall remain in full force and effect against each other Guarantor). No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of Lender for notices set forth in the NoteSPA. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Guaranty (Northann Corp.)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender is the Investors are given written notice of any of the Guarantors' either Guarantor’s intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Investors at the address of Lender the Investors for notices set forth in the NoteLoan Agreement. No such notice shall affect any rights of Lender any Investor hereunder, including without limitation the rights set forth in (S)(S)4 Sections 4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender any Investor upon the insolvency, bankruptcy bankruptcy, or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Guaranty (Bio Solutions Manufacturing, Inc.)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until the Lender is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of the Lender for notices set forth in the NoteCredit Agreement. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 ss.ss.5 and 67, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Company and drawn on the Lender or any of its agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by the Lender after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Reimbursement Agreement (DSL Net Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until the Lender is given written notice of any of the Guarantors' Guarantor’s intention to discontinue this GuarantyGuaranty with respect to the Guarantor, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of Lender for notices set forth in the NoteSPA. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Securities Purchase Agreement (SinglePoint Inc.)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender is given written notice of any of the Guarantors' each Guarantor’s intention to discontinue this Guarantythe guaranty contained herein, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender at the address of Lender for notices set forth in the Notethis Agreement. No such notice shall affect any rights of Lender or of any affiliate of Lender hereunder, including without limitation the rights set forth in (S)(S)4 Sections 10.3 and 610.5, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued after the receipt of such notice pursuant to this Agreement, any Bank Product, or any other contract or commitment in existence prior to such receipt, all of which Obligations shall continue to be unconditionally guaranteed by such Guarantor. This The Guaranty contained herein shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender upon the insolvency, bankruptcy or reorganization of the Companyany Borrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (Seneca Foods Corp)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender is the Agent and the Obligees are given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent and an officer of each Noteholder, at the address of Lender the Agent for notices set forth in Section 16.6 of the NoteCredit Agreement and at the address of each Noteholder specified in or pursuant to the Note Agreements. No such notice shall affect any rights of Lender the Agent or any Obligee hereunder, including without limitation the rights set forth in (S)(S)4 Sections 5 and 68, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and this Guaranty shall remain in full force and effect until all such Obligations are paid in full. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent or any Obligee upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Barnes Group Inc

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender is given written notice of any of the Guarantors' each Guarantor’s intention to discontinue this Guarantythe guaranty contained herein, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender Xxxxxx at the address of Lender for notices set forth in the Notethis Agreement. No such notice shall affect any rights of Lender or of any affiliate of Lender hereunder, including without limitation the rights set forth in (S)(S)4 Sections 10.3 and 610.5, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued after the receipt of such notice pursuant to this Agreement, any Bank Product, or any other contract or commitment in existence prior to such receipt, all of which Obligations shall continue to be unconditionally guaranteed by such Guarantor. This The Guaranty contained herein shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender upon the insolvency, bankruptcy or reorganization of the Companyany Borrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (Seneca Foods Corp)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Secured Party is given written notice of any of the Guarantors' a Guarantor’s intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender each Investor at the address of Lender each Investor for notices set forth in the Noteeach SPA. No such notice shall affect any rights of Lender the Secured Party or any Investor hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Secured Party or any Investor upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Guaranty (COMSovereign Holding Corp.)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender is given written notice of any of the Guarantors' each Guarantor’s intention to discontinue this Guarantythe guaranty contained herein, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender Lxxxxx at the address of Lender for notices set forth in the Notethis Agreement. No such notice shall affect any rights of Lender or of any affiliate of Lender hereunder, including without limitation the rights set forth in (S)(S)4 Sections 10.3 and 610.5, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued after the receipt of such notice pursuant to this Agreement, any Bank Product, or any other contract or commitment in existence prior to such receipt, all of which Obligations shall continue to be unconditionally guaranteed by such Guarantor. This The Guaranty contained herein shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender upon the insolvency, bankruptcy or reorganization of the Companyany Borrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (Seneca Foods Corp)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until the Lender is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of the Lender at its head office or at the address branch of the Lender for notices set forth in the Notewhere this Guaranty is given. No such notice shall affect any rights of the Lender hereunderor of any affiliate hereunder including, including without limitation limitation, the rights set forth in (S)(S)4 Sections 4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Borrower and drawn on the Lender or any Obligations incurred of its agents purporting to be dated on or accrued pursuant before the date of receipt of such notice, although presented to any contract and paid or commitment in existence prior to such receiptaccepted by the Lender after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any an Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Unlimited Guaranty (Sevcon, Inc.)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in Section 19 of the NoteCredit Agreement. No such notice shall affect any rights of Lender the Agent or any Bank hereunder, including without limitation the rights set forth in (S)(S)4 Section Section 4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent or any Bank upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Revolving Credit Agreement (Decisionone Holdings Corp)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until the Lender is given written notice of any of the Guarantors' Guarantor’s intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Guaranty Obligations. No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of Lender for notices set forth in the NoteSection 12 below. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 Sections 3 and 65, with respect to any Guaranty Obligations incurred or accrued prior to the receipt of such notice or any Guaranty Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, reinstated if at any time any payment made or value received with respect to any Guaranty Obligation is rescinded or must otherwise be returned by either Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Pledge Agreement (Kronos Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender is given written notice of any of the Guarantors' each Guarantor's intention to discontinue this Guarantythe guaranty contained herein, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender at the address of Lender for notices set forth in the Notethis Agreement. No such notice shall affect any rights of Lender or of any affiliate of Lender hereunder, including without limitation the rights set forth in (S)(S)4 Sections 10.3 and 610.5, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued after the receipt of such notice pursuant to this Agreement, any Bank Product, or any other contract or commitment in existence prior to such receipt, all of which Obligations shall continue to be unconditionally guaranteed by such Guarantor. This The Guaranty contained herein shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender upon the insolvency, bankruptcy or reorganization of the Companyany Borrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (Seneca Foods Corp)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender is given written notice of any of the Guarantors' intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender at the address of Lender Xxxxxx for notices set forth in the Note. No such notice shall affect any rights of Lender hereunder, including without limitation the rights set forth in (S)(S)4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Subordination Agreement (Chart House Enterprises Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in on the Notesignature page of the Credit Agreement. No such notice shall affect any rights of Lender the Agent or any Bank hereunder, including without limitation the rights set forth in (S)(S)4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent or any Bank upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: CMG Information Services Inc

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Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until the earlier of: (i) the Obligations are paid in full (other than contingent indemnity obligations) and not subject to any recapture or preference in bankruptcy or similar proceedings, and the Lender has no further commitment to extent credit to the Borrower or (ii) the Lender is given written notice of any of the Guarantors' each Guarantor’s intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice under (ii) above shall be effective unless received and acknowledged by an officer of Lender at the address of Lender for notices set forth in the NoteLender. No such notice under (ii) above shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 and 6, or of any affiliate hereunder with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receiptnotice. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such noticenotice of termination, if at any time any payment made or value received with respect to any an Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Loan Agreement (Navidea Biopharmaceuticals, Inc.)

Termination; Reinstatement. This With respect to any Guarantor, this Guaranty shall remain in full force -------------------------- and effect until Lender the Administrative Agent is given written notice of any of the Guarantors' such Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Administrative Agent at the address of Lender the Administrative Agent for notices set forth in ss.15.6 of the NoteCredit Agreement. No such notice shall affect any rights of the Administrative Agent or any Lender hereunder, including without limitation the rights set forth in (S)(S)4 ss.ss.4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy or reorganization of the Companyany Borrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Watts Industries Inc

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Bank is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender at the address of Lender for notices set forth Bank by the individual designated in the NoteSection 12 hereof. No such notice shall affect any rights of Lender hereunderthe Bank or of any Affiliate hereunder including, including without limitation limitation, the rights set forth in (S)(S)4 Sections 5 and 67, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Customer and drawn on the Bank or any of its agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by the Bank after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any an Obligation is rescinded or must otherwise be returned by Lender the Bank upon the insolvency, bankruptcy or reorganization of the CompanyCustomer, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Loan Agreement (Panamerican Beverages Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Bank is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Bank at the address of Lender for notices set forth in the Noteits main banking office. No such notice shall affect any rights of Lender hereunderthe Bank or any affiliate hereunder including, including without limitation limitation, the rights set forth in (S)(S)4 Sections 4 and 66 hereof, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Borrower and drawn on the Bank or any of its agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by the Bank after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation of the Obligations is rescinded or must otherwise be returned by Lender the Bank upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Security Agreement (Eastern Co)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until the Lender is given written notice of any of the Guarantors' a Guarantor’s intention to discontinue this GuarantyGuaranty with respect to Guarantor, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of Lender for notices set forth in the NoteSPA. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Guaranty (AERWINS Technologies Inc.)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until the Lender is given written notice of any of the Guarantors' a Guarantor’s intention to discontinue this GuarantyGuaranty with respect to such Guarantor, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the ObligationsObligations (and to the extent such notice is given by a Guarantor, this Guaranty shall remain in full force and effect against each other Guarantor). No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of Lender for notices set forth in the NoteSPA. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Guaranty (Abvc Biopharma, Inc.)

Termination; Reinstatement. This Guaranty shall remain in full force and -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in (S)20 of the NoteCredit Agreement. No such notice shall affect any rights of Lender the Agent or any Bank hereunder, including without limitation the rights set forth in (S)(S)4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent or any Bank upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: National Restaurant Enterprises Holdings Inc

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect against each Guarantor until the Lender is given written notice of any of the Guarantors' such Guarantor’s intention to discontinue this GuarantyGuaranty with respect to such Guarantor, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the ObligationsObligations (and to the extent such notice is given by the Guarantor, this Guaranty shall remain in full force and effect against each other Guarantor). No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of Lender for notices set forth in the NoteUPA. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Guaranty (Marizyme Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until the Lender is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of Lender for notices set forth in the Noteits head office. No such notice shall affect any rights of the Lender hereunderor of any affiliate hereunder including, including without limitation limitation, the rights set forth in (S)(S)4 Sections 3 and 65, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receiptreceipts, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Borrower and drawn on the Lender or any of its agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by the Lender after the date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation an Obligations is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: BioVex Group, Inc.

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in Section 10.4 of the NoteFinancial Agreement. No such notice shall affect any rights of Lender the Agent or any Bank hereunder, including without limitation the rights set forth in (S)(S)4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent or any Bank upon the insolvency, bankruptcy or reorganization of the CompanyBorrowers, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Medallion Financial Corp

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender Fleet as agent for the Lenders is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Guaranty Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender Fleet at the address of Lender for notices set forth in the NoteSection 12 below. No such notice shall affect any rights of Lender the Lenders hereunder, including without limitation the rights set forth in (S)(S)4 Sections 3 and 65, with respect to any Guaranty Obligations incurred or accrued prior to the receipt of such notice or any Guaranty Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, reinstated if at any time any payment made or value received with respect to any Guaranty Obligation is rescinded or must otherwise be returned by either Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Credit Agreement (MKS Instruments Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender Agent is given written notice of any of the Guarantors' Guarantor’s intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Guaranteed Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender Agent at the address of Lender Agent for notices set forth in the NoteSection 7.8. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 Section 5 and Section 6, with respect to any Guaranteed Obligations incurred or accrued prior to the receipt of such notice or any Guaranteed Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Borrower and drawn on Agent or any of its agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by Agent after that date, shall form part of the Guaranteed Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding reinstated if any such notice, if at any time any payment payments made or value received by Agent for the ratable benefit of the Lenders with respect to any Guaranteed Obligation is rescinded or must otherwise be returned by Lender upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value receivedset forth in Section 3.2.

Appears in 1 contract

Samples: Continuing Guaranty (Spansion Inc.)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect as to the Guarantor until the Lender is given written notice of any of the Guarantors' Guarantor’s intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of Lender for notices set forth in the NoteSPA. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Guaranty (PARTS iD, Inc.)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Bank is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Bank at its head office or at the address branch of Lender for notices set forth in the NoteBank where this Guaranty is given. No such notice shall affect any rights of Lender hereunderthe Bank or of any Affiliate hereunder including, including without limitation limitation, the rights set forth in (S)(S)4 Sections 5 and 67, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Customers and drawn the Bank or any of its agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by the Bank after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any an Obligation is rescinded or must otherwise be returned by Lender the Bank upon the insolvency, bankruptcy or reorganization of the CompanyCustomers, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Unlimited Guaranty (Technitrol Inc)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Bank is given written notice of any of the Guarantors' intention ’ intentions to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Bank at the address of Lender the Bank for notices set forth in xxxxx xx §00 of the NoteCredit Agreement. No such notice shall affect any rights of Lender the Bank hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Bank upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Guaranty (Rogers Corp)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Agent is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Agent at the address of Lender the Agent for notices set forth in Section 19 of the NoteCredit Agreement. No such notice shall affect any rights of Lender the Agent or any Bank hereunder, including without limitation the rights set forth in (S)(S)4 Sections 4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by Lender the Agent or any Bank upon the insolvency, bankruptcy or reorganization of the Company, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stride Rite Corp)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until the Lender is given written notice of any of the Guarantors' Guarantor's intention to discontinue this GuarantyGuaranty with respect to the Guarantor, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of the Lender at the address of Lender for notices set forth in the NoteSPA. No such notice shall affect any rights of the Lender hereunder, including without limitation the rights set forth in (S)(S)4 §§4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any Obligation is rescinded or must otherwise be returned by the Lender upon the insolvency, bankruptcy or reorganization of the CompanyBorrower, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Guaranty (Know Labs, Inc.)

Termination; Reinstatement. This Guaranty shall remain in full force -------------------------- and effect until Lender the Bank is given written notice of any of the Guarantors' Guarantor's intention to discontinue this Guaranty, notwithstanding any intermediate or temporary payment or settlement of the whole or any part of the Obligations. No such notice shall be effective unless received and acknowledged by an officer of Lender the Bank at its head office or at the address branch of Lender for notices set forth in the NoteBank where this Guaranty is given. No such notice shall affect any rights of Lender hereunderthe Bank or of any affiliate hereunder including, including without limitation limitation, the rights set forth in (S)(S)4 Sections 4 and 6, with respect to any Obligations incurred or accrued prior to the receipt of such notice or any Obligations incurred or accrued pursuant to any contract or commitment in existence prior to such receipt, and all checks, drafts, notes, instruments (negotiable or otherwise) and writings made by or for the account of the Customer and drawn on the Bank or any of its agents purporting to be dated on or before the date of receipt of such notice, although presented to and paid or accepted by the Bank after that date, shall form part of the Obligations. This Guaranty shall continue to be effective or be reinstated, notwithstanding any such notice, if at any time any payment made or value received with respect to any an Obligation is rescinded or must otherwise be returned by Lender the Bank upon the insolvency, bankruptcy or reorganization of the CompanyCustomer, or otherwise, all as though such payment had not been made or value received.

Appears in 1 contract

Samples: Loan and Security Agreement (Object Design Inc)

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