Amended And Restated Guaranty Agreement Sample Contracts

Contura Energy, Inc. – AMENDED AND RESTATED GUARANTY AGREEMENT Made Among the Guarantors From Time to Time Party Hereto And (November 13th, 2018)

AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of November 9, 2018, among each of the signatories hereto designated as a Guarantor on the signature pages hereto (together with any other entity that may become a party hereto as a Guarantor as provided herein) (each a "Guarantor" and collectively, the "Guarantors") and JEFFERIES FINANCE LLC, as Administrative Agent (in such capacity and together with its successors and assigns in such capacity, the "Agent") for (i) the banks and other financial institutions or entities (the "Lenders") from time to time party to the Amended and Restated Credit Agreement, dated as of November 9, 2018 (as amended, restated, amended and restated, extended, supplemented or otherwise modified or replaced from time to time, the "Credit Agreement"), among CONTURA ENERGY, INC., a Delaware corporation, each other Person who joins in the execution of the Credit Agreement and agrees to be bound as a borrower, the Lenders and the Agent and (ii) the other Guarantee

Hyster-Yale Materials Handling – First Amended and Restated Guaranty Agreement (October 30th, 2018)

THIS FIRST AMENDED AND RESTATED GUARANTY AGREEMENT (this "Guaranty") is dated as of September 17, 2018, by HYSTER-YALE MATERIALS HANDLING, INC., a Delaware corporation having an address at 5875 Landerbrook Dr., Suite 300, Cleveland, OH 44124 ("Guarantor"), in favor of WELLS FARGO FINANCIAL LEASING, INC. ("Beneficiary") an Iowa corporation having an address at 5000 Riverside Drive, Suite 300E, Irving, TX 75039.

Third Amended and Restated Guaranty Agreement (June 5th, 2018)

THIS THIRD AMENDED AND RESTATED GUARANTY AGREEMENT dated as of May 31, 2018 (this "Guaranty Agreement"), is being entered into among EACH OF THE UNDERSIGNED AND EACH OTHER PERSON WHO SHALL BECOME A PARTY HERETO BY EXECUTION OF A GUARANTY JOINDER AGREEMENT (each a "Guarantor" and collectively the "Guarantors") and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the "Administrative Agent") for each of the Secured Bank Creditors (as defined in the Credit Agreement referenced below). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement.

Colony NorthStar Credit Real Estate, Inc. – Amended and Restated Guaranty Agreement (April 25th, 2018)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of 20, 2018 (as amended, restated, supplemented, or otherwise modified from time to time, this "Guaranty"), made by CREDIT RE OPERATING COMPANY, LLC, a Delaware limited liability company ("Guarantor"), in favor of MORGAN STANLEY BANK, N.A., a national banking association (together with its permitted successors and assigns, "Buyer"). Any capitalized term utilized herein shall have the meaning as specified in the Repurchase Agreement (as defined below), unless such term is otherwise specifically defined herein.

Strategic Student & Senior Housing Trust, Inc. – Second Amended and Restated Guaranty Agreement (March 29th, 2018)

This Second Amended and Restated Guaranty Agreement (this Guaranty) is made as of the 23rd day of February, 2018, by STRATEGIC STUDENT & SENIOR HOUSING TRUST, INC., a Maryland corporation having its principal address at c/o SmartStop Asset Management, LLC, 10 Terrace Road, Ladera Ranch, California 92694 (Guarantor) in favor of KEYBANK NATIONAL ASSOCIATION, a national banking association having an address at 225 Franklin Street, 18th Floor, Boston, Massachusetts 02110 (Lender).

Vista Proppants & Logistics Inc. – Amended and Restated Guaranty Agreement (January 12th, 2018)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT (as it may be amended, restated, amended and restated, supplemented or modified from time to time, this Guaranty) is dated as of November 9, 2017, by each of the undersigned identified on the signature pages hereto as guarantors (together with any other entity that may become a party hereto as provided herein, each a Guarantor, and collectively, the Guarantors), in favor of ARES CAPITAL CORPORATION in its capacity as administrative agent (the Administrative Agent), each of the other Secured Parties and each of their successors and assigns as permitted pursuant to the Credit Agreement (as defined below) (the Administrative Agent, the other Secured Parties, and their successors and assigns, collectively, the Beneficiaries).

Vista Proppants & Logistics Inc. – Amended and Restated Guaranty Agreement (December 22nd, 2017)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT (as it may be amended, restated, amended and restated, supplemented or modified from time to time, this Guaranty) is dated as of November 9, 2017, by each of the undersigned identified on the signature pages hereto as guarantors (together with any other entity that may become a party hereto as provided herein, each a Guarantor, and collectively, the Guarantors), in favor of ARES CAPITAL CORPORATION in its capacity as administrative agent (the Administrative Agent), each of the other Secured Parties and each of their successors and assigns as permitted pursuant to the Credit Agreement (as defined below) (the Administrative Agent, the other Secured Parties, and their successors and assigns, collectively, the Beneficiaries).

Armada Hoffler Properties Inc. – Amended and Restated Guaranty Agreement (November 1st, 2017)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT is executed as of October 26, 2017, by EACH OF THE SUBSIDIARIES OF ARMADA HOFFLER, L.P., a Virginia limited partnership ("Borrower"), LISTED ON SCHEDULE 1 ATTACHED HERETO or which become a party hereto pursuant to Section 20 below (each a "Guarantor" and collectively, "Guarantors"), for the benefit of the Credit Parties defined below.

Crawford – Amended and Restated Guaranty Agreement (October 12th, 2017)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of the 11th day of October, 2017 (this Guaranty), is made by CRAWFORD & COMPANY, a Georgia corporation (Crawford), each of the undersigned Subsidiaries of Crawford, and each other Subsidiary of Crawford that, after the date hereof, executes an instrument of accession hereto substantially in the form of Exhibit A (a Guarantor Accession; each undersigned Subsidiary and such other Subsidiaries, each a Guarantor and collectively, the Guarantors), in favor of the Guaranteed Parties (as hereinafter defined). Capitalized terms used herein without definition shall have the meanings given to them in the Credit Agreement referred to below.

Amended and Restated Guaranty Agreement (August 4th, 2017)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of March 31, 2017 (this "Guaranty Agreement"), is made by and among the undersigned (each a "Guarantor" and, together with each of the signatories hereto and any other entities from time to time parties hereto pursuant to Section 14.1 hereof, the "Guarantors"), in favor of the holders from time to time of the Notes (as defined below), and the holders of the Notes as of the date hereof. The holders from time to time of the Notes are herein collectively called the "holders" and individually a "holder."

AMENDED AND RESTATED GUARANTY AGREEMENT Dated as of March 7, 2017 Among TRINITY ACQUISITION PLC, WILLIS TOWERS WATSON PUBLIC LIMITED COMPANY, THE OTHER GUARANTORS IDENTIFIED HEREIN and BARCLAYS BANK PLC, as Administrative Agent (March 9th, 2017)

AMENDED AND RESTATED GUARANTY AGREEMENT (this Guaranty Agreement) dated as of March 7, 2017, among TRINITY ACQUISITION PLC, a company formed under the laws of England and Wales having company number 3588435 (the Company; and together with the Designated Borrowers from time to time party thereto, collectively, the Borrowers and individually, a Borrower), WILLIS TOWERS WATSON PUBLIC LIMITED COMPANY, a company incorporated under the laws of Ireland having company number 475616 (the Parent), the other Guarantors (as defined below), and BARCLAYS BANK PLC, as Administrative Agent (the Administrative Agent).

Amended and Restated Guaranty Agreement (February 7th, 2017)

This Amended and Restated Guaranty Agreement (the "Guaranty") is made as of February 1, 2017, jointly and severally by and between each of the undersigned (each, a "Guarantor", and collectively, together with any additional parties that from time to time may become a Guarantor pursuant to the terms of the Financing Agreement described below, the "Guarantors"), as guarantors, and U.S. BANK NATIONAL ASSOCIATION, as trustee under the Indenture (defined below) (in such capacity, together with any successor or successors in such capacity, herein called the "Trustee"), and amends and restates in its entirety that certain Guaranty Agreement, dated as of February 1, 2012, jointly and severally by and between each of the Guarantors and the Trustee (the "Original Guaranty"):

Fourth Amended and Restated Guaranty Agreement (October 27th, 2016)

This Fourth Amended and Restated Guaranty Agreement (the "Guaranty") is dated as of August 3, 2016, by the parties executing this Guaranty under the heading "Guarantors" (such parties, along with any other parties who execute and deliver to the Agent hereinafter identified and defined an agreement in the form attached hereto as Exhibit A, being hereinafter referred to collectively as the "Guarantors" and individually as a "Guarantor") in favor of the Guaranteed Creditors referred to below.

Amended and Restated Guaranty Agreement (June 2nd, 2016)

This Amended and Restated Guaranty Agreement (the Guaranty) is made as of June 1, 2016, jointly and severally by and between each of the undersigned (each, a Guarantor, and collectively, together with any additional parties that from time to time may become a Guarantor pursuant to the terms of the Loan Agreement described below, the Guarantors), as guarantors, and U.S. BANK NATIONAL ASSOCIATION, as trustee under the Indenture (defined below) (in such capacity, together with any successor or successors in such capacity, herein called the Trustee), and amends and restates in its entirety that certain Guaranty Agreement, dated as of December 1, 2014, jointly and severally by and between each of the Guarantors and the Trustee (the Original Guaranty):

Second AMENDED AND RESTATED GUARANTY AGREEMENT (April 7th, 2016)

This SECOND AMENDED AND RESTATED GUARANTY AGREEMENT (as such may be amended, amended and restated, modified, supplemented or restated from time to time, this "Guaranty") is dated as of April 1, 2016 by RENTECH, INC., a Colorado corporation ("Parent Guarantor"), each Person that is a signatory hereto as a Subsidiary Guarantor (collectively, the "Subsidiary Guarantors" and, together with Parent Guarantor and each Additional Guarantor (as hereinafter defined) added hereto as a Guarantor pursuant to Section 27, the "Guarantors" and each a "Guarantor") in favor of CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent ("Administrative Agent") for the benefit of the Lender Parties (as defined in the Credit Agreement referenced below).

Fourth Amended and Restated Guaranty Agreement (April 1st, 2016)

THIS GUARANTY SHALL BE A CONTINUING, ABSOLUTE AND UNCONDITIONAL GUARANTY, and shall remain in full force and effect until the Indebtedness (and interest thereon and expenses in connection therewith), and all renewals, modifications, or extensions thereof, in whole or in part, shall have been fully paid and satisfied and shall remain in full force and effect until written notice of its discontinuance, addressed to the President of the Bank, shall be actually received by the Bank (the burden of proof of receipt by the Bank of such notice being in all cases upon the Guarantor), and also until any and all said indebtedness, or any extensions or renewals thereof, existing before receipt of such notice, and expenses in connection therewith, shall be fully paid. Regardless of when a renewal or extension of pre-termination debt occurs (with or without adjustment of interest rate or other terms), the debt is deemed to have been incurred prior to termination to the extent of the renewal or exten

Altisource Residential Corporat – Third Amended and Restated Guaranty Agreement (November 9th, 2015)

THIS THIRD AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of September 30, 2015 (the "Effective Date"), (as amended, restated, supplemented or otherwise modified from time to time, this "Guaranty"), is made by Altisource Residential Corporation ("Guarantor") in favor of Wells Fargo Bank, National Association ("Buyer"), and amends and restates in its entirety that certain Guaranty Agreement, dated as of September 23, 2013, as amended and restated as of June 25, 2014, as further amended as of December 31, 2014 (the "Original Agreement"), made by Guarantor in favor of Buyer.

Usmd Holdings Inc. – Amended and Restated Guaranty Agreement (September 24th, 2015)

AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of September 18, 2015, made by MAT-RX DEVELOPMENT, L.L.C., a Texas limited liability company (the Guarantor), in favor of JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the Administrative Agent) for the lenders (the Lenders) from time to time parties to the Amended and Restated Credit Agreement, dated as of even date herewith (as amended, restated, supplemented or otherwise modified from time to time, the Credit Agreement), among USMD HOSPITAL AT ARLINGTON, L.P., a Texas limited partnership (the Borrower), the Lenders and the Administrative Agent.

Second Amended and Restated Guaranty Agreement (August 24th, 2015)

THIS SECOND AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of August 20, 2015 (together with any amendments or supplements hereto, this "Guaranty Agreement"), by PROTEIN FINANCE COMPANY, a Delaware corporation, OMEGA SHIPYARD, INC., a Delaware corporation, PROTEIN INDUSTRIES, INC., a Delaware corporation, CYVEX NUTRITION, INC., a California corporation, INCON PROCESSING, L.L.C., a Delaware limited liability company, and WISCONSIN SPECIALTY PROTEIN, LLC, a Wisconsin limited liability company (herein whether singular or plural referred to as "Guarantor"), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent ("Administrative Agent") for itself and the lenders (collectively, "Lenders") who are or may become a party to the Loan Agreement defined in Recital B below.

Joinder and First Amendment to Amended and Restated Credit Agreement, First Amendment to Amended and Restated Security Agreement and First Amendment to Amended and Restated Guaranty Agreement (June 10th, 2015)

THIS JOINDER AND FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, FIRST AMENDMENT TO AMENDED AND RESTATED SECURITY AGREEMENT AND FIRST AMENDMENT TO AMENDED AND RESTATED GUARANTY AGREEMENT (this "Amendment") is entered into as of June 4, 2015, by and among Wells Fargo Capital Finance, LLC, a Delaware limited liability company, as the arranger and administrative agent (the "Agent") for the Lenders (as defined in the Credit Agreement referred to below), PNC BANK, NATIONAL ASSOCIATION, as a Lender (the "New Lender"), the other Lenders party hereto, WABASH NATIONAL CORPORATION, a Delaware corporation ("Wabash"), certain Subsidiaries of Wabash designated on the signature pages hereto as borrowers (together with Wabash, such Subsidiaries are collectively referred as the "Borrowers") and certain Subsidiaries of Wabash designated on the signature pages hereto as guarantors (such Subsidiaries are collectively referred to as the "Guarantors" and together with the Borrowers, such Guaranto

FelCor Lodging LP – Contract (June 9th, 2015)
Amended and Restated Guaranty Agreement (February 19th, 2015)

This AMENDED AND RESTATED GUARANTY AGREEMENT (as such may be amended, amended and restated, modified, supplemented or restated from time to time, this Guaranty) is dated as of February 12, 2015 by RENTECH, INC., a Colorado corporation (Parent Guarantor), each Person that is a signatory hereto as a Subsidiary Guarantor (collectively, the Subsidiary Guarantors and, together with Parent Guarantor and each Additional Guarantor (as hereinafter defined) added hereto as a Guarantor pursuant to Section 27, the Guarantors and each a Guarantor) in favor of CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as administrative agent (Administrative Agent) for the benefit of the Lender Parties (as defined in the Credit Agreement referenced below).

Strategic Realty Trust, Inc. – Amended and Restated Guaranty Agreement (November 14th, 2014)

This AMENDED AND RESTATED GUARANTY AGREEMENT (this "Guaranty") is given as of August 4, 2014, is made by STRATEGIC REALTY TRUST, INC., a Maryland corporation (the "Guarantor"), pursuant to the terms and conditions of that certain Amended and Restated Revolving Credit Agreement of even date (as from time to time may be amended, restated, supplemented or otherwise modified, the "Credit Agreement") by and among Strategic Realty Operating Partnership, L.P. ("OP"), SRT Secured Holdings, LLC ("Secured Holdings"), TNP SRT Aurora Commons, LLC, TNP SRT San Jacinto, LLC (" San Jacinto"), and SRT Constitution Trail LLC, each a Delaware limited partnership or Delaware limited liability company, as applicable, and certain of their Affiliates (collectively and individually, jointly and severally, with each other Person which from time to time hereafter may become a borrower thereunder, the "Borrower"), and KeyBank National Association, a national banking association, as agent (in such capacity, toge

Altisource Residential Corporat – Amended and Restated Guaranty Agreement (July 22nd, 2014)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of June 25, 2014 (the "Effective Date"), (as amended, restated, supplemented or otherwise modified from time to time, this "Guaranty"), is made by Altisource Residential Corporation ("Guarantor") in favor of Wells Fargo Bank, National Association ("Buyer"), and amends and restates in its entirety that certain Guaranty Agreement, dated as of September 23, 2013, made by Guarantor in favor of Buyer.

Alion Science & Technology Corp – Amended and Restated Guaranty Agreement (May 2nd, 2014)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT (this Agreement), dated as of May 2, 2014, among the Persons listed on the signature pages hereof as Guarantors and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a Guarantor and collectively, the Guarantors), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (Wells Fargo), in its capacity as agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, Agent).

Alion Science & Technology Corp – Amended and Restated Guaranty Agreement (May 2nd, 2014)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT (this Agreement), dated as of May 2, 2014, among the Persons listed on the signature pages hereof as Guarantors and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a Guarantor and collectively, the Guarantors), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (Wells Fargo), in its capacity as agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, Agent).

Amended and Restated Guaranty Agreement (March 20th, 2014)

AMENDED AND RESTATED GUARANTY AGREEMENT (as amended, restated, supplemented or otherwise modified, this "Guaranty"), dated as of March 19, 2014, is made by certain Domestic Subsidiaries of JACK IN THE BOX INC., a Delaware corporation (such subsidiaries, collectively, the "Guarantors", each a "Guarantor"), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the "Administrative Agent"), and the Secured Parties.

Second Amended and Restated Guaranty Agreement (January 10th, 2014)

This SECOND AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of January 6, 2014 (this Guaranty Agreement), is made by and among the Parent Borrower (as defined below), each of the undersigned Subsidiary Loan Parties, any Subsidiary Loan Party hereafter added as a Guarantor (as defined below) and the Agent (as defined below).

Amended and Restated Guaranty Agreement (October 2nd, 2013)

This AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of September 27, 2013 (this Guaranty Agreement), is made by the Parent Borrower and each of the undersigned Subsidiary Loan Parties and any Subsidiary Loan Party hereafter added as a Guarantor (as defined below).

Conversant – Amended and Restated Guaranty Agreement (August 20th, 2013)

This AMENDED AND RESTATED GUARANTY AGREEMENT (this "Guaranty"), dated as of August 19, 2013, is made by VALUECLICK BRANDS, INC., a California corporation ("ValueClick Brands"), MEDIAPLEX, INC., a Delaware corporation ("Mediaplex") and COMMISSION JUNCTION, INC., a Delaware corporation ("Commission Junction"), and each of the other entities which becomes a party hereto pursuant to Section 4.15 hereof (each a "Guarantor" and collectively, the "Guarantors") in favor of (1) WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders as defined in the Credit Agreement referred to below and as collateral agent for any Affiliate of a Lender party to a Lender Rate Contract (as defined in the Credit Agreement referred to below) or providing Lender Bank Products (as defined in the Credit Agreement referred to below) (in such capacity, together with its successors in such capacity, the "Administrative Agent") and (2) each other holder of a Guaranteed Obligation.

FelCor Lodging LP – AMENDED AND RESTATED GUARANTY Agreement (December 19th, 2012)

THIS AMENDED AND RESTATED GUARANTY (this "Guaranty") is entered into as of December 18, 2012, by FELCOR LODGING TRUST INCORPORATED, a Maryland corporation ("FelCor Trust"), and FELCOR LODGING LIMITED PARTNERSHIP, a Delaware limited partnership (jointly and severally referred to herein with FelCor Trust as "Guarantors"), in favor of JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, "Administrative Agent") for the banks and other financial institutions ("Lenders") that are parties to the Credit Agreement described below.

Amended and Restated Guaranty Agreement (October 17th, 2012)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT dated as of October 11, 2012 (this "Guaranty Agreement"), is being entered into among EACH OF THE UNDERSIGNED AND EACH OTHER PERSON WHO SHALL BECOME A PARTY HERETO BY EXECUTION OF A GUARANTY JOINDER AGREEMENT (each a "Guarantor" and collectively the "Guarantors") and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, the "Administrative Agent") for each of the Secured Bank Creditors (as defined in the Credit Agreement referenced below). All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Credit Agreement.

Environmental Tectonics Corp. – Amended and Restated Guaranty Agreement (October 2nd, 2012)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT (this "Guaranty") is made and entered into as of this September 28, 2012, by H.F. LENFEST, an individual (the "Guarantor"), with an address at 300 Barr Harbor Drive, Suite 460, West Conshohocken, PA 19428, in consideration of the extension of credit by PNC BANK, NATIONAL ASSOCIATION (the "Bank"), with an address at 1000 Westlakes Drive, Suite 200, Berwyn, PA 19312, to ENVIRONMENTAL TECTONICS CORPORATION, a Pennsylvania corporation (the "Borrower"), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. This Guaranty amends, restates and replaces (but does not constitute a novation of) the existing Amended and Restated Guaranty Agreement from the Guarantor to the Bank dated as of July 2, 2009.

Amended and Restated Guaranty Agreement (July 27th, 2012)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of July 25, 2012 (as amended, restated, supplemented or otherwise modified from time to time, this Guaranty), by Tiffany and Company, a New York corporation, Tiffany & Co. International, a Delaware corporation and Tiffany & Co. Japan Inc., a Delaware corporation (together with their respective successors and assigns, the Guarantors) is in favor of each of the Noteholders (as such term is hereinafter defined).

Amended and Restated Guaranty Agreement (July 27th, 2012)

THIS AMENDED AND RESTATED GUARANTY AGREEMENT, dated as of July 25, 2012 (as amended, restated, supplemented or otherwise modified from time to time, this Guaranty), by Tiffany and Company, a New York corporation, Tiffany & Co. International, a Delaware corporation and Tiffany & Co. Japan Inc., a Delaware corporation (together with their respective successors and assigns, the Guarantors) is in favor of each of the Noteholders (as such term is hereinafter defined).