Common use of The Holdings Guaranty Clause in Contracts

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks and the Banks to enter into this Agreement and to extend credit hereunder and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and the issuance of the Letters of Credit, Holdings hereby agrees with the Banks as follows: Holdings hereby unconditionally and irrevocably guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Borrower to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”). If any or all of the Guaranteed Obligations becomes due and payable, Holdings unconditionally promises to pay such Guaranteed Obligations to the Banks, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include any and all advances, debts, obligations and liabilities of the Borrower arising in connection with this Agreement or any other Credit Documents or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceable.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks and the Banks Lenders to enter into this Agreement and to extend credit hereunder and to induce the Lenders or any of their respective Affiliates to enter into Secured Hedge Agreements or Cash Management Services, and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and Loans, the issuance of the Letters of CreditCredit and the entering into of Secured Hedge Agreements or Cash Management Services, Holdings hereby agrees with the Banks as follows: Holdings hereby unconditionally and irrevocably guarantees (the “Holdings Guaranty”), as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Borrower Holdings Guaranteed Obligations to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Holdings Guaranteed Obligations to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Holdings Guaranteed Obligations” shall include any . This Holdings Guaranty is a guaranty of payment and not of collection. This Holdings Guaranty is a continuing one and all advances, debts, obligations and liabilities to which it applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon. If any claim is ever made upon any Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising Holdings Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrowers), then and in connection with such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings, notwithstanding any revocation of this Agreement Holdings Guaranty or any other Credit Documents instrument evidencing any liability of the Borrowers, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not recovered to the same extent as if such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred amount had never originally been received by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablepayee.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks and the Banks Lenders to enter into this Agreement and to extend credit hereunder and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and the issuance of the Letters of Credit, Holdings hereby agrees with the Banks Lenders as follows: Holdings hereby unconditionally and irrevocably guarantees guarantees, as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Borrower Guaranteed Obligations of each of the Borrowers to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Guaranteed Obligations of the Borrowers to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, or order, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include any . This Holdings Guaranty is a continuing one and all advances, debts, obligations and liabilities to which it applies or may apply under the terms hereof shall be conclusively presumed to have been created in a reliance hereon. If claim is ever made upon any Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrowers), then and in connection with such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings, notwithstanding any revocation of this Agreement Holdings Guaranty or any other Credit Documents instrument evidencing any liability of the Borrowers, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not recovered to the same extent as if such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred amount had never originally been received by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablepayee.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks Agents and the Banks to enter into this Agreement and to extend credit hereunder hereunder, to induce Banks or any of their respective Affiliates to enter into the Interest Rate Protection Agreements or other Hedging Agreements, and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and Loans, the issuance of the Letters of Credit, and the entering into of Interest Rate Protection Agreements or Other Hedging Agreements, Holdings hereby agrees with the Banks Guaranteed Creditors as follows: Holdings hereby unconditionally and irrevocably guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Guaranteed Obligations of the Borrower to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Guaranteed Obligations of the Borrower to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings irrevocably and unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, or order, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include . If claim is ever made upon any and all advances, debts, obligations and liabilities Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising in connection with this Agreement Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrower), then and in such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings, notwithstanding any revocation of this Holdings Guaranty or other Credit Documents instrument evidencing any liability of the Borrower, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not recovered to the same extent as if such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred amount had never originally been received by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablepayee.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks Agents and the Banks Lenders to enter into this Agreement and to extend credit hereunder hereunder, to induce Lenders or any of their respective Affiliates to enter into the Interest Rate Protection Agreements or Other Hedging Agreements, and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and Loans, the issuance of the Letters of Credit, and the entering into of Interest Rate Protection Agreements or Other Hedging Agreements, Holdings hereby agrees with the Banks Guaranteed Creditors as follows: Holdings hereby unconditionally and irrevocably guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Guaranteed Obligations of the Borrower to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Guaranteed Obligations of the Borrower to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings irrevocably and unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, or order, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include . This Holdings Guaranty is a guaranty of payment and not of collection. If claim is ever made upon any and all advances, debts, obligations and liabilities Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising in connection with this Agreement Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected in good faith by such payee with any such claimant (including the Borrower), then and in such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon it, notwithstanding any revocation of this Holdings Guaranty or other Credit Documents instrument evidencing any liability of the Borrower, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not recovered to the same extent as if such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred amount had never originally been received by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablepayee.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks and the Banks to enter --------------------- into this Agreement and to extend credit hereunder and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and the issuance of the Letters of Credit, Holdings hereby agrees with the Banks as follows: Holdings hereby unconditionally and irrevocably guarantees guarantees, as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Borrower Guaranteed Obligations of each of the Borrowers to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Guaranteed Obligations of the Borrowers to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, or order, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include . If claim is ever made upon any and all advances, debts, obligations and liabilities Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrowers), then and in connection with such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings, notwithstanding any revocation of this Agreement Holdings Guaranty or any other Credit Documents instrument evidencing any liability of the Borrowers, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not recovered to the same extent as if such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred amount had never originally been received by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablepayee.