Common use of The Guaranties Clause in Contracts

The Guaranties. To induce the Purchasers to purchase the Securities described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary party hereto and each Subsidiary which executes and delivers a Guaranty (each such Subsidiary being hereinafter referred to individually as a “Guarantor” and collectively as the “Guarantors”) hereby unconditionally and irrevocably guarantees jointly and severally to the Agent, the Purchasers, their Affiliates and each other holder of the Securities and any of the Obligations, the due and punctual payment of all present and future Obligations, including, but not limited to, the due and punctual payment of principal of and interest on the Notes and obligations with respect to the Warrants and under the Deferred Put Obligations, as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations so guaranteed being hereinafter referred to collectively as the “Guaranteed Obligations”). In case of failure by the Company punctually to pay any Guaranteed Obligations, each Guarantor hereby unconditionally and jointly and severally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the Company. Each Guaranty is a guaranty of payment and not of collection.

The Guaranties. To induce the Purchasers Lenders to purchase provide the Securities credit described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary party hereto and each Subsidiary which executes and delivers a Guaranty (each such Subsidiary being hereinafter referred to individually as a “"Guarantor” " and collectively as the “"Guarantors”") hereby unconditionally and irrevocably guarantees jointly and severally to the Agent, the PurchasersLenders, their Affiliates and each other holder of the Securities and any of the Obligations, Hedging Liability and Funds Transfer and Deposit Account Liability, (x) the due and punctual payment of all present and future Obligations, including, but not limited to, the due and punctual payment of principal of and interest on the Notes Loans and obligations with respect to the Warrants and under the Deferred Put Reimbursement Obligations, as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof and (y) the due and punctual payment of all present and future Hedging Liability and Funds Transfer and Deposit Account Liability as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations Obligations, Hedging Liability and Funds Transfer and Deposit Account Liability so guaranteed being hereinafter referred to collectively as the “"Guaranteed Obligations”"). In case of failure by the Company Borrower punctually to pay any Guaranteed Obligations, each Guarantor hereby unconditionally and jointly and severally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the Company. Each Guaranty is a guaranty of payment and not of collectionBorrower.

The Guaranties. To induce the Purchasers to purchase the Securities described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary party hereto and each Subsidiary which executes and delivers a Guaranty (each such Subsidiary being hereinafter referred to individually as a “Guarantor” "GUARANTOR" and collectively as the “Guarantors”"GUARANTORS") hereby unconditionally and irrevocably guarantees jointly and severally to the Agent, the Purchasers, their Affiliates and each other holder of the Securities and any of the Obligations, the due and punctual payment of all present and future Obligations, including, but not limited to, the due and punctual payment of principal of and interest on the Notes and obligations with respect to the Warrants and under the Deferred Put Obligations, as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations so guaranteed being hereinafter referred to collectively as the “Guaranteed Obligations”"GUARANTEED OBLIGATIONS"). In case of failure by the Company punctually to pay any Guaranteed Obligations, each Guarantor hereby unconditionally and jointly and severally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the Company. Each Guaranty is a guaranty of payment and not of collection.

The Guaranties. To induce the Purchasers Lenders and the L/C Issuer to purchase provide the Securities credits described herein and in consideration of benefits expected to accrue to each Guarantor the Borrowers by reason of the Revolving Credit Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary party hereto and each Subsidiary which executes and delivers a Guaranty (each such Subsidiary being hereinafter referred to individually as a “Guarantor” and collectively as the “Guarantors”) Guarantor hereby unconditionally and irrevocably guarantees jointly and severally to the Administrative Agent, the Purchasers, their Affiliates Lenders and each other holder of the Securities and any of the ObligationsL/C Issuer, the due and punctual payment of all present and future Obligations, including, but not limited to, the due and punctual payment of principal of and interest on the Notes Loans, Notes, the Reimbursement Obligations, and obligations with respect to the Warrants due and punctual payment of all other Obligations now or hereafter owed by any Borrower under the Deferred Put Obligations, Loan Documents as and when the same shall become due and payable, without set-off or counterclaim, whether at stated maturity, by acceleration acceleration, or otherwise, according to the terms hereof and thereof as (including all interest, costs, fees, and when charges after the same shall become due and payableentry of an order for relief against any Borrower or such other obligor in a case under the United States Bankruptcy Code or any similar proceeding, whether at its stated maturityor not such interest, by acceleration costs, fees and charges would be an allowed claim against such Borrower or otherwise, according to the terms thereof (the Obligations so guaranteed being hereinafter referred to collectively as the “Guaranteed Obligations”any such obligor in any such proceeding). In case of failure by the Company any Borrower punctually to pay any Guaranteed ObligationsObligations guaranteed hereby, each Guarantor hereby unconditionally and jointly and severally agrees to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration acceleration, or otherwise, and as if such payment were made by the Company. Each Guaranty is a guaranty of payment and not of collectionBorrower.