Common use of The Guarantee Clause in Contracts

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 5 contracts

Samples: Credit Agreement and Guaranty (ArcherDX, Inc.), Credit Agreement and Guaranty (Zymergen Inc.), Credit Agreement and Guaranty (Zymergen Inc.)

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The Guarantee. (a) The Subsidiary Guarantors Company hereby jointly and severally guarantee guarantees to the Administrative Agent and the Lenders, and their successors and assigns, each Guaranteed Party the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the (i) Subsidiary Borrower and each other Obligor under this Agreement or under any other Loan DocumentObligations, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Subsidiary Borrower Guaranteed Obligations”) and (ii) Subsidiary Guarantor Obligations, in each case strictly in accordance with the terms thereof (such obligations being herein collectively called the “Subsidiary Guarantor Guaranteed Obligations”). The Subsidiary Guarantors Company hereby further jointly and severally agree agrees that if the any Subsidiary Borrower or any other Obligor Subsidiary Guarantor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the such Subsidiary Borrower Guaranteed Obligations or Subsidiary Guarantor Guaranteed Obligations, as applicable, the Subsidiary Guarantors shall Company will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the such Subsidiary Borrower Guaranteed Obligations or Subsidiary Guarantor Guaranteed Obligations, as applicable, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 4 contracts

Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansTerm Loan, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 4 contracts

Samples: Credit Agreement (Icagen, Inc.), Asset Purchase Agreement and Collaboration Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and by any Obligor under any of the other Loan DocumentDocuments, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Cambrex Corp), Five Year Credit Agreement (Cambrex Corp), Credit Agreement (Nextel International Inc)

The Guarantee. The Parent and the Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansTerm Loan, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Parent and the Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, Parent and the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 4 contracts

Samples: Forbearance Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenderseach Lender, and their its successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Term Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders any Lender by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 3 contracts

Samples: Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement and Guaranty (Biodesix Inc), Credit Agreement (Biodesix Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, Lenders and their successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 3 contracts

Samples: Term Loan Agreement (ViewRay, Inc.), Term Loan Agreement (ViewRay, Inc.), Term Loan Agreement (ViewRay, Inc.)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenderseach Lender, and their respective successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Term Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 3 contracts

Samples: Credit Agreement and Guaranty (C4 Therapeutics, Inc.), Credit Agreement and Guaranty (C4 Therapeutics, Inc.), Credit Agreement (Agile Therapeutics Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenderseach Lender, and their its successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders any Lender by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 3 contracts

Samples: Credit Agreement (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

The Guarantee. The Subsidiary Guarantors Parent hereby jointly guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the all principal of and interest on the LoansAdvances made by the Lenders to the Borrower pursuant to this Agreement, all fees reimbursement obligations in respect of Letter of Credit Disbursements and all interest thereon payable by the Borrower pursuant to this Agreement and all other amounts and Obligations from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentAgreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors Parent hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Parent will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 3 contracts

Samples: Credit Agreement (Spectra Energy Corp.), Credit Agreement (Spectra Energy Corp.), Spectra Energy Corp.

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 3 contracts

Samples: Credit Agreement and Guaranty (Athenex, Inc.), Credit Agreement and Guaranty (Adma Biologics, Inc.), Credit Agreement (CareDx, Inc.)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, Lenders and their successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 3 contracts

Samples: Term Loan Agreement (Corium International, Inc.), Term Loan Agreement (Corium International, Inc.), Term Loan Agreement (Corium International, Inc.)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Menlo Therapeutics Inc.), Credit Agreement and Guaranty (Foamix Pharmaceuticals Ltd.)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to, and the Note(s) held by each Lender of, the Company and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower Company under the Credit Agreement and each other Obligor under this Agreement or under any other Loan Documentthe Basic Documents and all Reimbursement Obligations and interest thereon, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)

The Guarantee. (a) The Subsidiary Guarantors Company hereby jointly guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the (i) Subsidiary Borrower and each other Obligor under this Agreement or under any other Loan DocumentObligations, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Subsidiary Borrower Guaranteed Obligations”) and (ii) Subsidiary Guarantor Obligations, in each case strictly in accordance with the terms thereof (such obligations being herein collectively called the “Subsidiary Guarantor Guaranteed Obligations”). The Subsidiary Guarantors Company hereby further jointly and severally agree agrees that if the any Subsidiary Borrower or any other Obligor Subsidiary Guarantor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the such Subsidiary Borrower Guaranteed Obligations or Subsidiary Guarantor Guaranteed Obligations, as applicable, the Subsidiary Guarantors shall Company will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the such Subsidiary Borrower Guaranteed Obligations or Subsidiary Guarantor Guaranteed Obligations, as applicable, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Oyster Point Pharma, Inc.), Credit Agreement and Guaranty (Oyster Point Pharma, Inc.)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenderseach Lender, and their its successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders any Lender by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal. Section 11.02.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent each Secured Party and the Lenders, Agents and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Secured Parties to the Borrower, all fees LC Disbursements and all other amounts and Obligations from time to time owing to the Administrative Secured Parties or either Agent and the Lenders by the Borrower and each other Obligor under this Agreement the Loan Agreements or under any other Loan Document, and all obligations of the Borrower to any Secured Party under any Hedging Agreement, in each case strictly in accordance with the terms hereof and thereof (such principal, interest, other amounts and obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Restricted Company Guarantee and Security Agreement Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Guarantee and Security Agreement (Nextel Communications Inc), Guarantee and Security Agreement (Nextel Communications Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent Lender and the Lenders, and their its respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoan made by Lender to, and the Note held by Lender of, Borrower and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Lender by the Borrower and each or any other Obligor under this Agreement or under Agreement, the Note and any of the other Loan DocumentDocuments, in each case strictly in accordance with the terms hereof and or thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (Entertainment Properties Trust), Credit Agreement (Entertainment Properties Trust)

The Guarantee. The Subsidiary Guarantors Each Guarantor hereby jointly and severally guarantee guarantees to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment and performance in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to the Borrower, and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement hereunder or under any other Loan Document, and all other obligations of the Borrower to any Lender or Related Party hereunder or to any Lender or the affiliate of any Lender under any Hedging Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors Each Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall each Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Term Loan Agreement (Lbi Media Inc), Term Loan Agreement (Lbi Media Holdings Inc)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly irrevocably and severally guarantee unconditionally guarantees to each of the Administrative Agent and the Lenders, Creditors and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Facility made by the Lenders to the Borrower and evidenced by the Note and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Creditors by the Borrower and each other Obligor under this Agreement or Agreement, under the Note, under any other Loan DocumentInterest Rate Agreements and under any of the Security Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Senior Secured Loan Facility Agreement (International Shipholding Corp), Senior Secured Loan Facility Agreement (International Shipholding Corp)

The Guarantee. The Holdings and the Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Holdings and the Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, Holdings and the Subsidiary Guarantors shall promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (Pear Therapeutics, Inc.), Credit Agreement (Pear Therapeutics, Inc.)

The Guarantee. The Parent and the Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Parent and the Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, Parent and the Subsidiary Guarantors shall promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Xeris Biopharma Holdings, Inc.), Credit Agreement and Guaranty (Compute Health Acquisition Corp.)

The Guarantee. The Subsidiary Guarantors Each Guarantor hereby jointly and severally guarantee guarantees to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal LC Disbursements (and interest) made by the Lenders to each of the Account Parties (other than such Guarantor in its capacity as an Account Party hereunder) and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor such Account Parties under this Agreement or under any other Loan DocumentAgreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors Each Guarantor hereby further jointly and severally agree agrees that if the Borrower or any Account Party (other Obligor than such Guarantor in its capacity as an Account Party hereunder) shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall such Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit and Reimbursement Agreement (Xl Capital LTD), Credit and Reimbursement Agreement (Xl Capital LTD)

The Guarantee. The Subsidiary Guarantors hereby irrevocably jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to, and the Notes held by each Lender of, the Company and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or and under the Notes and by any Obligor under any of the other Loan DocumentBasic Documents, in each case strictly in accordance with the terms hereof thereof (and thereof giving effect to any amendment or modification of such terms) (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (United International Holdings Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenderseach Lender, and their respective successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Term Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders any Lender by the Borrower and each other Obligor Borrowers under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Borrowers shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 2 contracts

Samples: Credit Agreement (Trinity Biotech PLC), Trinity Biotech PLC

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and by any Obligor under any of the other Loan DocumentCredit Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that that, if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that that, in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Collegiate Funding Services Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to, and the Notes held by each Lender of, the Company and all fees and other amounts and Obligations from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or and under the Notes and by the Company under any of the other Loan DocumentBasic Documents (including amounts payable in accordance with Sections 5 and 12.04 hereof), in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly irrevocably and severally guarantee unconditionally guarantees to each of the Administrative Agent and the Lenders, Creditors and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Facility made by the Lenders to the Borrower and evidenced by the Note and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Creditors by the Borrower and each other Obligor under this Agreement or Agreement, under the Note and under any other Loan Documentof the Transaction Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.. 50

Appears in 1 contract

Samples: Credit Agreement (International Shipholding Corp)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender, the Issuing Bank and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement hereunder or under any other Loan Document, and all obligations of the Borrower to any Lender under any Hedging Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Heftel Broadcasting Corp)

The Guarantee. The Subsidiary Guarantors Each Guarantor hereby jointly and severally guarantee guarantees to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to each of the Borrowers (other than such Guarantor in its capacity as a Borrower hereunder) and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor such Borrowers under this Agreement or under any other Loan DocumentAgreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors Each Guarantor hereby further jointly and severally agree agrees that if the any Borrower or any (other Obligor than such Guarantor in its capacity as a Borrower hereunder) shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall such Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Xl Capital LTD)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and or the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents (including without limitation all Revenue Participation Amounts), in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.. 136158242.1 136158242.6 87

Appears in 1 contract

Samples: Term Loan Agreement (Axogen, Inc.)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each of the Administrative Agent and the Lenders, Creditors and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansAdvances made by the Lenders to the Borrower, the Letters of Credit issued by the Issuing Lender on behalf of the Borrower and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Creditors by the Borrower and each other Obligor under this Agreement or Agreement, under the Note, under any other Loan Documentof the Security Documents and under any Interest Rate Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoeveron first demand, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Facility Agreement (OSG America L.P.)

The Guarantee. The Subsidiary Each of the Guarantors hereby jointly and severally guarantee guarantees, as a primary obligor and not merely as a surety, to each Lender and to the Administrative Agent and the Lenders, and their successors and assignsas hereinafter provided, the prompt payment and performance of the Secured Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”)thereof. The Subsidiary Guarantors hereby further jointly and severally agree that if any of the Borrower or any other Obligor shall fail to pay Secured Obligations are not paid in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise) any of the Guaranteed Obligations), the Subsidiary Guarantors shall will, jointly and severally, promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of or payment or renewal of any of the Guaranteed Secured Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, as a mandatory prepayment, by acceleration or otherwise) in accordance with the terms of such extension or renewal. Each Guarantor agrees that this is a continuing guarantee of payment and not of collectibility, and is intended to be independent of and in addition to any other guaranty, indorsement, collateral or other agreement held by the Agent or the Lenders therefor or with respect thereto, whether or not furnished by such Guarantor.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Infocrossing Inc)

The Guarantee. The Subsidiary Guarantors Each Guarantor hereby jointly and severally guarantee guarantees to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to each of the Borrowers (other than such Guarantor in its capacity as a Borrower hereunder) and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor such Borrowers under this Agreement or under any other Loan DocumentAgreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors Each Guarantor hereby further jointly and severally agree agrees that if the any Borrower or any (other Obligor than such Guarantor in its capacity as a Borrower hereunder) shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall such Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Xl Capital LTD)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly irrevocably and severally guarantee unconditionally guarantees to each of the Administrative Agent and the Lenders, Creditors and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Facility made by the Lenders to the Borrowers and evidenced by the Note and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Creditors by the Borrower and each other Obligor Borrowers under this Agreement or Agreement, under the Note, under any other Loan DocumentInterest Rate Agreements and under any of the Security Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Borrowers shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Senior Secured Term Loan Facility Agreement (International Shipholding Corp)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each and/or any other Obligor under this Agreement or under any other Loan Documentof the Credit Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Revolving Credit Agreement (Chart Industries Inc)

The Guarantee. The Subsidiary Guarantors Parent Guarantor hereby jointly guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansAdvances made by the Lenders to, and the Notes held by each Lender of, the Borrower and all fees and other amounts and Obligations from time to time owing to the Lender or the Administrative Agent and the Lenders by the Borrower and each other Obligor hereunder, under this Agreement the Notes or under any the other Loan DocumentDocuments and interest thereon, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors Parent Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Parent Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Summit Properties Inc)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly irrevocably and severally guarantee unconditionally guarantees to each of the Administrative Agent and the Lenders, Creditors and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Facility made by the Lenders to the Borrowers and evidenced by the Note and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Creditors by the Borrower and each other Obligor Borrowers under this Agreement or Agreement, under the Note, under any other Loan DocumentInterest Rate Agreement and under any of the Security Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Borrowers shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Senior Secured Term Loan Facility Agreement (International Shipholding Corp)

The Guarantee. The Subsidiary Guarantors Each Guarantor hereby jointly and severally guarantee guarantees to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans and LC Disbursements (and interest thereon) made by the Lenders to each of the Account Parties (other than such Guarantor in its capacity as an Account Party hereunder) and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor such Account Parties under this Agreement or under any other Loan DocumentAgreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors Each Guarantor hereby further jointly and severally agree agrees that if the Borrower or any Account Party (other Obligor than such Guarantor in its capacity as an Account Party hereunder) shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall such Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Day Credit Agreement (Xl Capital LTD)

The Guarantee. The Subsidiary Each of the Guarantors hereby jointly irrevocably and severally guarantee unconditionally and in solido guarantees to each of the Administrative Agent and the Lenders, Creditors and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Facility made by the Lenders to the Borrowers and evidenced by the Note and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Creditors by the Borrower and each other Obligor Borrowers under this Agreement or Agreement, under the Note and under any other Loan Documentof the Security Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Each of the Guarantors hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Borrowers shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (International Shipholding Corp)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Company and all fees and other amounts and Obligations from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or and by the Company under any of the other Loan DocumentBasic Documents, and all obligations of the Company to any Lender in respect of any Interest Rate Protection Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (United Stationers Supply Co)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Lenders, the Collateral and Paying Agent and the Lenders, and their successors and assigns, Administrative Agent the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans and the Notes and all fees, all fees indemnities and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders whatsoever now or hereafter payable or becoming payable by the Borrower and each other Obligor under this Agreement or under any other the Loan DocumentDocuments, in each case strictly in accordance with the terms hereof and thereof (the obligations of the Borrower to pay such obligations amounts being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the samesame upon receipt from the Administrative Agent of written demand for payment thereof, without any other demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal. This Agreement is a continuing guaranty and is a guaranty of payment and is not merely a guaranty of collection.

Appears in 1 contract

Samples: Loan Agreement (Vitro Sa De Cv)

The Guarantee. The Subject to each Subsidiary Guarantor individually, to Section 3.10, the Subsidiary Guarantors hereby jointly and severally guarantee to each Lender, the Administrative Agents, the Paying Agent and the Lenders, Collateral Agent and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders Agents by the Borrower and each other Obligor under this Agreement or and by any Obligor under any of the other Loan DocumentDocuments, and all obligations of the Borrower or any of its Subsidiaries to any Lender (or any affiliate of any Lender) in respect of any Hedging Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subject to each Subsidiary Guarantor individually, to Section 3.10, the Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Loan Agreement (NRG Energy Inc)

The Guarantee. The Subsidiary Guarantors Company hereby jointly ------------- guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Advances made by the Lenders to each Designated Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the any Designated Borrower and each other Obligor under this Agreement or and by the Company under any of the other Loan DocumentNotes, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors ---------------------- Company hereby further jointly and severally agree agrees that if the any Designated Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed ObligationsObligations owing by such Designated Borrower, the Subsidiary Guarantors shall Company will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and ------------- severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansAdvances made by the Lenders to, and the Notes held by each Lender of, the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and under the Notes and by any Obligor under any of the other Loan DocumentDocuments, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby ---------------------- further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Terra Industries Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to the Borrower, all fees indebtedness of the Borrower to any of the Lenders (or any affiliate thereof) in respect of Hedging Agreements, and all other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and by any Obligor under any of the other Loan DocumentDocuments, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Canandaigua LTD)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and by any Obligor under any of the other Loan DocumentDocuments, and all obligations of the Borrower or any of its Subsidiaries to any of the Lenders and their respective Affiliates in respect of any Hedging Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Sinclair Broadcast Group Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and by any Obligor under any of the other Loan DocumentDocuments, and all obligations of the Borrower or any of its Subsidiaries to any of the Lenders and their respective Affiliates in respect of any Hedging Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Security Agreement (Sinclair Broadcast Group Inc)

The Guarantee. The Subsidiary Guarantors Each Person who may from time to time become a Guarantor hereunder, hereby jointly and severally guarantee guarantees to each Lender and the Administrative Agent and the Lenders, and their its respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to the Borrowers, all fees and other amounts and Obligations from time to time owing from the Borrowers to the Administrative Agent Lenders hereunder, and all other Obligations of the Lenders by the Borrower Borrowers and each other Obligor of their Subsidiaries under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof Facility Documents (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors Each Guarantor hereby further jointly and severally agree agrees that if the Borrower Borrowers or any other Obligor Subsidiary shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors such Guarantor shall promptly pay the samesame upon demand therefor by the Agent or the Lenders, without any further demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit and Security Agreement (Option Care Inc/De)

The Guarantee. (a) The Subsidiary Guarantors Borrower hereby jointly guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, in each case as primary obligor and not merely as surety, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Foreign Currency Credits made by the Foreign Currency Lender to the Subsidiary Borrowers and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor Subsidiary Borrowers under this Agreement or under any other Loan DocumentAgreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Foreign Currency Guaranteed Obligations"). The Subsidiary Guarantors Borrower hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Subsidiary Borrowers shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Foreign Currency Guaranteed Obligations, the Subsidiary Guarantors shall Borrower will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Foreign Currency Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Chart Industries Inc)

The Guarantee. The Subsidiary (a) Subject to this Article VI, each of the Guarantors hereby hereby, jointly and severally guarantee severally, unconditionally guarantees to the Administrative Agent each Secured Party and the Lenders, and their its successors and assigns, irrespective of the prompt payment validity and enforceability of this Agreement, the Loans, the Collateral Agreements, the other Loan Documents, or the Loan Obligations of the Borrowers hereunder or thereunder, that: (i) the principal of, interest and premium on the Loans shall be promptly paid in full when due, whether at maturity, by acceleration, redemption or otherwise, and interest on the overdue principal of and interest on the Loans, if any, if lawful, and all other Loan Obligations hereunder or thereunder shall be promptly paid in full or performed, all in accordance with the terms hereof and thereof; and (ii) in case of any extension of time of repayment of any Loans or any of such other Loan Obligations, that same shall be promptly paid in full when due (or performed in accordance with the terms of the extension or renewal, whether at stated maturity, by acceleration or otherwise) . Failing payment when due of any amount so guaranteed or any performance so guaranteed for whatever reason, the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further shall be jointly and severally agree that if the Borrower or any other Obligor shall fail obligated to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall promptly pay the same, without any demand or notice whatsoever, and same immediately. Each Guarantor agrees that in the case of any extension of time this is a guarantee of payment or renewal and not a guarantee of any of the Guaranteed Obligations, the same shall be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewalcollection.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Global Aviation Holdings Inc.)

The Guarantee. The Subsidiary initial Guarantors as of the Effective Date, and each other Person who may from time to time become a Guarantor hereunder, hereby jointly and severally guarantee guarantees to each Lender and the Administrative Agent and the Lenders, and their its respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to the Borrowers, all fees and other amounts and Obligations from time to time owing from the Borrowers to the Administrative Agent Lenders hereunder, and all other Obligations of the Lenders by the Borrower Borrowers and each other Obligor of their Subsidiaries under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof Facility Documents (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Each Guarantor hereby further jointly and severally agree agrees that if the Borrower Borrowers or any other Obligor Subsidiary shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors such Guarantor shall promptly pay the samesame upon demand therefor by the Agent or the Lenders, without any further demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Computer Task Group Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to, and the Notes held by each Lender of, the Company, and all other amounts (including, without limitation, all fees and other amounts and Obligations Reimbursement Obligations) from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or and under the Notes and by any Obligor under any of the other Loan DocumentBasic Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Clientlogic Corp)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, Secured Parties and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Secured Parties by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal. For the avoidance of doubt and notwithstanding anything herein to the contrary, the Guaranteed Obligations shall not include any Warrant Obligations.

Appears in 1 contract

Samples: Loan Agreement (NanoString Technologies Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative each Lender and each Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to, and the Notes held by each Lender of, the Company and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or and under the Notes and by any Obligor under any of the other Loan DocumentBasic Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

The Guarantee. The Subsidiary Each of the Guarantors hereby jointly and severally guarantee guarantees to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor Loan Party under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Each of the Guarantors hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Loan Party shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall be promptly paid in full when due (whether at 101 extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (NanoString Technologies Inc)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly and severally guarantee irrevocably guarantees to the Administrative Agent and for the Lenders, benefit of the Lenders and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to Holdings and all fees indebtedness of Holdings to any of the Lenders in respect of any Interest Rate Hedging Transactions entered into by Hold ings pursuant to Section 8.2.1 of the Credit Agreement and all other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and under the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentCredit Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations obliga tions being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Holdings shall fail full to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Edison Mission Energy)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansRevolving Credit Loans made by the Revolving Credit Lenders to, and the Notes held by each Revolving Credit Lender of, the Company and all fees and other amounts and Obligations from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower Company under this Agreement, the Notes or the Guaranty Agreement and each other by any Obligor under this Agreement or under any of the other Loan DocumentBasic Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Cornell Corrections Inc)

The Guarantee. The Subsidiary Subject to Section 10.09 hereof, the ------------- Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansAdvances made by the Lenders to, and the Notes held by each Lender of, the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and under any other Loan Document, in each case the Notes strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Subject to Section 10.09, the Guarantors hereby ----------------------- further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Electric Lightwave Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, and their successors and assigns, Lessor the prompt payment in full and performance of all obligations of the Lessee under SECTION 7.3(b) of the Master Lease when due (whether at stated maturity, by acceleration or otherwise) of (collectively, the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Subsidiary Guarantor shall fail to pay in full or perform when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the other Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal. This Subsidiary Guaranty shall replace the Prior Document in all respects and shall govern the obligations of the Subsidiary Guarantors with respect to the Lessor Interest Rate Hedge Agreement from and after the date of the Prior Document. The Prior Document is hereby rescinded and declared to be void AB INITIO.

Appears in 1 contract

Samples: Subsidiary Guaranty (Iron Mountain Inc/Pa)

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The Guarantee. (a) The Subsidiary Guarantors Company hereby jointly guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to each Subsidiary Borrower, all fees reimbursement obligations in respect of LC Disbursements and all interest thereon payable by each Subsidiary Borrower, and all other amounts and Obligations from time to time owing by each Subsidiary Borrower to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any of the other Loan DocumentDocuments or to any Lender or any Affiliate thereof under Hedging Agreements, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Company Guaranteed Obligations"). The Subsidiary Guarantors Company hereby further jointly and severally agree agrees that if the any Subsidiary Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Company Guaranteed ObligationsObligations owing by such Subsidiary, the Subsidiary Guarantors shall Company will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Company Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Cambrex Corp)

The Guarantee. The Subsidiary Guarantors hereby Subject to the limitations set forth in Sections 2.08 and 2.09, the Guarantor hereby, along with the other BV Holdings Guarantors, jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Documentthe Credit Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor, along with the other BV Holdings Guarantors, jointly and severally will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Midwest Generation LLC

The Guarantee. The Subsidiary Subject to Section 10.09 hereof, the Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansAdvances made by the Lenders to, and the Notes held by each Lender of, the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and under any other Loan Document, in each case the Notes strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Subject to Section 10.09, the Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Electric Lightwave Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and Agent, for the Lenders, ratable benefit of the Lenders and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations (other than inchoate indemnification and reimbursement obligations for which no claim has been made) from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor Subsidiary Guarantor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Subsidiary Guarantor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Vapotherm Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansRevolving Credit Loans made by the Revolving Credit Lenders to, and the Notes held by each Revolving Credit Lender of, the Company and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower Company under this Agreement, the Notes or the Guaranty Agreement and each other by any Obligor under this Agreement or under any of the other Loan DocumentBasic Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Cornell Companies Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to, and the Notes held by each Lender of, the Company and all fees and other amounts and Obligations from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or and under the Notes and by any Obligor under any of the other Loan DocumentBasic Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Cornell Corrections Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative each Lender and each Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and Lenders or the Lenders Agents by the Borrower and each other Obligor under this Agreement or and by any Obligor under any of the other Loan DocumentDocuments, in each case strictly in Credit Agreement accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Pacificare Health Systems Inc /De/)

The Guarantee. The Subsidiary Guarantors Limited Guarantor hereby jointly guarantees (the “Limited Guaranty”), as a primary obligor and severally guarantee not as a surety to the Administrative Agent and the Lenders, each Secured Party and their respective successors and assigns, the prompt payment in full when due (whether at stated maturity, by required prepayment, declaration, demand, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders or performance by the Borrower of its obligations pursuant to Section 6.17(a)(ii) and each other Obligor Section 6.17(c) to cause Equity Contributions to made to the Borrower (the Equity Contributions required to be made to the Borrower under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof Section 6.17(a)(ii) and thereof (such obligations Section 6.17(c) being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors Limited Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to cause the Member to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the samesame in cash or perform, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal. For avoidance of doubt, the Limited Guarantor does not guarantee the payment or performance of any Obligations of the Borrower other than the Guaranteed Obligations.

Appears in 1 contract

Samples: Credit Agreement (Solarcity Corp)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenderseach Lender, and their respective successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansTerm Loan, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders any Lender by the Borrower and each other Obligor Borrowers under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Borrowers shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Trinity Biotech PLC)

The Guarantee. The Subsidiary Guarantors Company hereby jointly guarantees ------------- to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Advances made by the Lenders to each Designated Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the any Designated Borrower and each other Obligor under this Agreement or and by the Company under any of the other Loan DocumentNotes, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed ---------- Obligations"). The Subsidiary Guarantors Company hereby further jointly and severally agree agrees that if the any Designated ----------- Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed ObligationsObligations owing by such Designated Borrower, the Subsidiary Guarantors shall Company will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and by any Obligor under any of the other Loan DocumentDocuments and all obligations of the Borrower and its Subsidiaries to any of the Lenders and their respective Affiliates in respect of any Hedging Agreements, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (CCPR Services Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and by any Obligor under any of the other Loan DocumentDocuments, and all obligations of the Borrower to any Lender in respect of any Hedging Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Smithfield Foods Inc)

The Guarantee. The Subsidiary Guarantors Company hereby jointly guarantees to each Bank and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest (including, without limitation, post-petition interest) on the Loans, Loans made by each Bank to each Borrower other than the Company (the `Guaranteed Borrowers') and all fees and other amounts and Obligations from time to time owing to each Bank or the Administrative Agent and the Lenders by the each Guaranteed Borrower and each other Obligor under this Agreement or under any other Loan DocumentAgreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the `Guaranteed Obligations'). The Subsidiary Guarantors Company hereby further jointly and severally agree agrees that if the any Guaranteed Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Company will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Honeywell Inc)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly irrevocably and severally guarantee unconditionally guarantees to each of the Administrative Agent and the Lenders, Creditors and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Facility made by the Lenders to the Borrower and evidenced by the Note and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Creditors by the Borrower and each other Obligor under this Agreement or Agreement, under the Note and under any other Loan Documentof the Transaction Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Agreement (International Shipholding Corp)

The Guarantee. The Each of the Subsidiary Guarantors hereby jointly and severally guarantee guarantees to the Administrative Agent and the Lenders, and their successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Each of the Subsidiary Guarantors hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Nevro Corp)

The Guarantee. The Subject to Section 1.06, the Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, Secured Parties and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Secured Parties by the Borrower and each other any Obligor under this Agreement or under any other Loan DocumentDocument (other than the Warrant) and by any other Obligor under any of the Loan Documents (other than the Warrant), in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Term Loan Agreement

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenderseach Lender, and their its successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Term Loans, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders any Lender by the Borrower and each other Obligor Borrowers under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Borrowers shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (GeneDx Holdings Corp.)

The Guarantee. The Subsidiary Guarantors Company hereby jointly guarantees ------------- to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Advances and all fees reimbursement obligations in respect of Letters of Credit made by the Lenders to each Designated Borrower and all other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the any Designated Borrower and each other Obligor under this Agreement or under any other Loan Document, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Company hereby ---------------------- further jointly and severally agree agrees that if the any Designated Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed ObligationsObligations owing by such Designated Borrower, the Subsidiary Guarantors shall Company will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Company and all fees and other amounts and Obligations from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or and by the Company under any of the other Loan DocumentCredit Documents, and all obligations of the Company to any Lender (or any Affiliate thereof) in respect of any Hedging Agreement or in respect of any cash management services, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (United Stationers Supply Co)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or and by any Obligor under any of the other Loan DocumentBasic Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Guarantee Assumption Agreement (Student Advantage Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to, and the Notes held by each Lender of, the Company and all fees and other amounts and Obligations from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or under any other Loan Documentand the Notes, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Subordinated Bridge Loan Agreement (Cornell Corrections Inc)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Company and all fees and other amounts and Obligations from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or and by the Company under any of the other Loan DocumentBasic Documents, and all obligations of the Company to any Lender in respect of any Interest Rate Protection Agreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended CREDIT AGREEMENT maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (United Stationers Supply Co)

The Guarantee. The Subsidiary Guarantors Company hereby jointly guarantees ------------- to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Advances made by the Lenders to each Designated Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the any Designated Borrower and each other Obligor under this Agreement or and by the Company under any of the other Loan DocumentNotes, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Company hereby ---------------------- further jointly and severally agree agrees that if the any Designated Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed ObligationsObligations owing by such Designated Borrower, the Subsidiary Guarantors shall Company will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenderseach Lender, and their respective successors and assigns, the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansTerm Loan, all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders by the Borrower and each other Obligor under this Agreement or under any other Loan DocumentDocument and by any other Obligor under any of the Loan Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Security Agreement (Chembio Diagnostics, Inc.)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly irrevocably and severally guarantee unconditionally guarantees to each of the Administrative Agent and the Lenders, Creditors and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loan made by the Lenders to the Borrowers and evidenced by the Note and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Creditors by the Borrower and each other Obligor Borrowers under this Agreement or Agreement, under the Note and under any other Loan Documentof the Security Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Borrowers shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (International Shipholding Corp)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to the Administrative Agent and the Lenders, Secured Parties and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Secured Parties by the any Borrower and each other Obligor under this Agreement or under any other Loan DocumentDocument (other than the Warrant) and by any other Obligor under any of the Loan Documents (other than the Warrant), in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the any Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Term Loan Agreement (Strongbridge Biopharma PLC)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee as a primary obligor and not as a surety to the Administrative Agent and the Lenders, and their successors and assigns, Secured Party the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest (including any interest, fees, costs or charges that would accrue but for the provisions of the Bankruptcy Laws after any bankruptcy or insolvency petition under the Bankruptcy Laws) on the LoansNotes held by the Holders of, the Company, and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Holders by the Borrower and each other Obligor Company, under this Agreement or and under the Notes and by any Obligor under any of the other Loan DocumentTransaction Documents, and all Obligations of the Obligors to the Secured Party, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Purchase Agreement (Pemco Aviation Group Inc)

The Guarantee. The Subsidiary Guarantors Parent Guarantor hereby jointly guarantees to each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansAdvances made by the Lenders to, and the Notes held by each Lender of, the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor hereunder, under this Agreement the Notes or under any the other Loan DocumentDocuments and interest thereon, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors Parent Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Parent Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Summit Properties Inc)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly irrevocably and severally guarantee unconditionally guarantees to each of the Administrative Agent and the Lenders, Creditors and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loan made by the Lenders to the Borrower and evidenced by the Note and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Creditors by the Borrower and each other Obligor under this Agreement or Agreement, under the Note and under any other Loan Documentof the Security Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Loan Agreement (International Shipholding Corp)

The Guarantee. The Subsidiary Guarantors Each Guarantor hereby jointly and severally guarantee guarantees to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans and LC Disbursements (and interest thereon) made by the Lenders to each of the Account Parties (other than such Guarantor in its capacity as an Account Party hereunder) and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor such Account Parties under this Agreement or under any other Loan DocumentAgreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors Each Guarantor hereby further jointly and severally agree agrees that if the Borrower or any Account Party (other Obligor than such Guarantor in its capacity as an Account Party hereunder) shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall such Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Xl Capital LTD)

The Guarantee. The Subsidiary Guarantors Each Guarantor hereby jointly and severally guarantee guarantees to each Bank and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Banks to each of the Borrowers (other than such Guarantor in its capacity as a Borrower hereunder) and all fees and other amounts and Obligations from time to time owing to the Banks or the Administrative Agent and the Lenders by the Borrower and each other Obligor such Borrowers under this Agreement or under any other Loan DocumentAgreement, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Each Guarantor hereby further jointly and severally agree agrees that if the any such Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall such Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Xl Capital LTD)

The Guarantee. The Subsidiary Guarantors hereby hereby, jointly and severally severally, guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Company and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower Company under the Credit Agreement and each other Obligor under this Agreement or by the Company under any of the other Loan DocumentBasic Documents, and all Reimbursement Obligations and interest thereon, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Subsidiary Guarantee and Security Agreement (United Stationers Supply Co)

The Guarantee. The Subject to the limitation set forth in Section 6.10 hereof, the Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to, and the Notes held by each Lender of, the Company and all fees and other amounts and Obligations from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or and under the Notes and by any Obligor under any of the other Loan DocumentBasic Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Decrane Aircraft Holdings Inc)

The Guarantee. The Subsidiary Guarantors hereby hereby, jointly and severally guarantee severally, guarantee, as primary obligors and not as sureties, to the Administrative Agent and the Lenders, each Secured Party and their respective successors and assigns, the prompt payment and performance in full when due (whether at stated maturity, by required prepayment, declaration, demand, by acceleration or otherwise) of the principal of and interest (including any interest, fees, costs or charges that would accrue but for the provisions of the Title 11 of the United States Code after any bankruptcy or insolvency petition under Title 11 of the United States Code) on the LoansLoans made by the Lenders to, and the Notes held by each Lender of, Borrower, and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Secured Parties by the Borrower and each other Obligor under this Agreement or under any other Loan Document, Party in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Subsidiary Guarantor(s) shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the samesame in cash, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Revolving Credit Agreement (ICO Global Communications (Holdings) LTD)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly irrevocably and severally guarantee unconditionally guarantees to each of the Administrative Agent and the Lenders, Creditors and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Facility made by the Lenders to the Borrower and evidenced by the Note and all fees and other amounts and Obligations from time to time owing to the Administrative Agent and the Lenders Creditors by the Borrower and each other Obligor under this Agreement or Agreement, under the Note and under any other Loan Documentof the Security Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the “Guaranteed Obligations”). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Facility Agreement (International Shipholding Corp)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansLoans made by the Lenders to, and the Notes held by each Lender of, the Company, and all fees and other amounts and Obligations from time to time owing to the Administrative Lenders or the Agent and the Lenders by the Borrower and each other Obligor Company under this Agreement or and under the Notes and by any Obligor under any of the other Loan DocumentBasic Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Clientlogic Corp)

The Guarantee. The Subsidiary Guarantors hereby jointly and severally guarantee to each Lender and the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the Loans, Loans made by the Lenders to the Borrower and all fees and other amounts and Obligations from time to time owing to the Lenders or the Administrative Agent and the Lenders by the Borrower and each and/or any other Obligor under this Agreement or under any other Loan Documentof the Credit Documents, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the Term Loan Agreement "Guaranteed Obligations"). The Subsidiary Guarantors hereby further jointly and severally agree that if the Borrower or any other Obligor shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Guarantee Assumption Agreement (Chart Industries Inc)

The Guarantee. The Subsidiary Guarantors Guarantor hereby jointly guarantees to each Series A Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal of and interest on the LoansSeries A Loans made by the Series A Lenders to, and the Series A Note(s) held by each Series A Lender of, the Company and all fees and other amounts and Obligations from time to time owing to the Series A Lenders or the Administrative Agent and the Lenders by the Borrower Company under the Credit Agreement and each other Obligor under this Agreement or under any other Loan Documentthe Basic Documents and all Reimbursement Obligations and interest thereon, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Guarantor hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Company shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Guarantor will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Guarantee and Security Agreement (Be Aerospace Inc)

The Guarantee. The Subsidiary Guarantors Borrower hereby jointly guarantees to each Issuing Lender, each Lender and severally guarantee to the Administrative Agent and the Lenders, and their respective successors and assigns, assigns the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal all reimbursement obligations in respect of LC Disbursements and all interest on the Loansthereon payable by each Subsidiary Account Party pursuant to this Agreement (including in respect of any Letter of Credit issued and continued under Section 2.05(l)), and all fees and other amounts and Obligations from time to time owing to the Issuing Lenders, the Lenders or the Administrative Agent and the Lenders by the Borrower and each other Obligor Subsidiary Account Party under this Agreement or under any of the other Loan DocumentDocuments, in each case strictly in accordance with the terms hereof and thereof (such obligations being herein collectively called the "Guaranteed Obligations"). The Subsidiary Guarantors Borrower hereby further jointly and severally agree agrees that if the Borrower or any other Obligor Subsidiary Account Party shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Subsidiary Guarantors shall Borrower will promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same shall will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

Appears in 1 contract

Samples: Credit Agreement (Brunswick Corp)

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