New Guaranty definition

New Guaranty means a guaranty agreement in form, scope and substance that is similar in all material respects to the Guaranty executed by the Person who is being replaced as Guarantor or the assumption by such Person of all of the obligations of the Person who is being replaced as Guarantor under the guaranty executed by such Person."

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New Guaranty has the meaning specified in Section 5.12(b).

New Guaranty means a new or amended and restated guaranty to be entered into among the Reorganized Debtor and holders of Existing Guaranties, which shall provide, inter alia, that (i) the guaranty shall be a collection guaranty and not a payment guaranty and (ii) the guarantor shall have no obligation to cash collateralize any of its liability thereunder.

Examples of New Guaranty in a sentence

• Upon such delivery, the Permitted Transferee shall be deemed the Guarantor hereunder with respect to the obligations of Tenant thereafter accruing and such New Guaranty shall be deemed the Guaranty hereunder from and after such delivery; provided, however, that nothing contained herein shall be deemed to release any Guarantor from any obligation or liability which accrued during the period prior to the delivery of the New Guaranty.

• Upon delivery of the New Guaranty by such Permitted Transferee, Landlord shall execute an instrument of release in form and substance reasonably satisfactory to Landlord and the Guarantor then being released releasing such party from any obligations under its guaranty accruing from and after the date of the delivery of the New Guaranty.

• From and after the date of this Amendment, all references in the Existing Lease to a “Guarantor” or the “Guarantors” shall include the New Guarantor and all references to a “Guaranty” or the “Guaranties” shall include the New Guaranty.

• From and after the issuance date of the New Notes, the New Notes and the Notes shall rank pari passu in right of payment, and the Guaranty of the Notes by each Guarantor shall rank pari passu with the New Guaranty of the New Notes by such Guarantor.

• With respect to BH Guarantor only, notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents, the obligations of BH Guarantor are expressly limited to those set forth in the New Guaranty and the Original Guaranty shall not apply in any manner, directly or indirectly, to BH Guarantor.

More Definitions of New Guaranty

New Guaranty means the “Guaranty” (as that term is defined in the New Purchase Agreement) by each Guarantor of the New Notes made pursuant to Article XI of the New Purchase Agreement.

New Guaranty means that certain Guaranty Agreement, dated as of the Effective Date, executed by BH Guarantor, in favor of Administrative Agent for the ratable benefit of Bank of America, N.A. and Regions Bank, an Alabama banking corporation, regarding the obligations of Borrowers under the Loan and the obligations of the Borrowers under the Frisco Loan.

New Guaranty a Guaranty in the form of Exhibit C made by FVE in favor of the SNH Purchaser as Landlord under the New Lease pursuant to which FVE guarantees the payment and performance of the obligations of the New Tenant under the New Lease.

New Guaranty means the guaranty agreement of even date executed and delivered to the Lender by the New Guarantor.

New Guaranty means that certain Limited Guaranty Agreement dated as ------------ of April 10, 2001 executed by the Borrower in favor of The Frost National Bank, pursuant to which the Borrower guarantees the indebtedness of Schlotzsky's National Advertising and Marketing Fund, Inc. and Schlotzsky's National Advertising Association, Inc.

New Guaranty shall have the meaning assigned thereto in Section 2.8(c).

New Guaranty means the Guaranty of Recourse Obligations of Borrower to be executed by Kramont and each Operating Partnership and delivered to Lender for each Loan that Lender elects to sell or securitizes, in form and substance acceptable to Lender.