Amendments to Guaranty Sample Clauses
Amendments to Guaranty. The Guaranty is hereby amended as follows:
Amendments to Guaranty. The Guaranty is hereby amended and modified as follows:
(a) Any references to, and any definition of, the “Repurchase Agreement” in the Guaranty shall mean, and such definition is hereby amended to refer to, the Second A&R Repurchase Agreement, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.
Amendments to Guaranty. Subject to the terms and conditions set forth herein, the Guaranty is hereby amended as follows:
(a) All references to “Credit Agreement” in the Guaranty shall hereafter refer to the Amended and Restated Credit Agreement.
(b) Section 9 of the Guaranty is hereby amended to restate the last sentence of subsection (c) in its entirety to read as follows:
Amendments to Guaranty. Effective as of the date of satisfaction of the conditions precedent set forth in Section 4 below, the Subsidiary Guaranty is hereby amended as follows:
(a) Section 2 of the Subsidiary Guaranty is amended to amend and restate the first sentence thereof in its entirety as follows: “Each of the Guarantors hereby unconditionally guarantees, jointly and severally with the other Guarantors, the full and punctual payment and performance when due (whether at stated maturity, upon acceleration or otherwise) of the Secured Obligations, including, without limitation, (i) the principal of and interest on each Loan made to the Borrower pursuant to the Credit Agreement, (ii) obligations owing under or in connection with Letters of Credit, (iii) all other amounts payable by the Borrower under the Credit Agreement and the other Loan Documents, and including, without limitation, all Swap Obligations and Banking Services Obligations, and (iv) the punctual and faithful performance, keeping, observance, and fulfillment by the Borrower of all of the agreements, conditions, covenants, and obligations of the Borrower contained in the Loan Documents (all of the foregoing being referred to collectively as the “Guaranteed Obligations” (provided, however, that the definition of “Guaranteed Obligations” shall not create any guarantee by any Guarantor of (or grant of security interest by any Guarantor to support, as applicable) any Excluded Swap Obligations of such Guarantor for purposes of determining any obligations of any Guarantor)).”
(b) Section 4 of the Subsidiary Guaranty is amended to amend and restate the second sentence thereof in its entirety as follows: “If at any time any payment of the principal of or interest on any Loan, Secured Obligation or any other amount payable by the Borrower or any other party under the Credit Agreement, any Swap Agreement, any Banking Services Agreement or any other Loan Document (including a payment effected through exercise of a right of setoff) is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Borrower or otherwise (including pursuant to any settlement entered into by a Secured Party in its discretion), each of the Guarantors’ obligations hereunder with respect to such payment shall be reinstated to the extent of such rescission, restoration or return.”
(c) Section 16(a)(i) of the Subsidiary Guaranty is amended to delete the reference to “Taxes” in the second sentence thereof an...
Amendments to Guaranty. (a) The following definitions are hereby added to Section 1.1 of the Guaranty in alphabetical order:
Amendments to Guaranty. The Guaranty is hereby amended as follows:
(a) Exhibit A to the Guaranty is hereby amended by amending and restating the definition of “Interest Expense” as follows:
Amendments to Guaranty. Effective as of the Amendment No. 1 Effective Date, and subject to the terms and conditions set forth herein, the Guaranty is hereby amended as follows:
(a) Section 1.02 of the Guaranty is hereby amended by amending and restating in its entirety the definition of “Guarantor” to read as follows:
Amendments to Guaranty. The Guaranty is hereby amended as follows:
(a) The provisions of Section 4.7(a)(i) of the Guaranty are hereby amended and restated in their entirety as follows: (i) permit the ratio of (A) Interest Income (excluding deferred interest and the amortized portion of any upfront fees) for the period of four (4) consecutive fiscal quarters ended on or most recently prior to such date of determination to (B) the Interest Expense to be less than 1.40 to 1.00, as determined as soon as practicable after the end of such period, but in no event later than forty-five (45) days after the last day of such period.
Amendments to Guaranty. No amendment or waiver of any provision of this Guaranty, and no consent to any departure by the Guarantor here from, shall in any event be effective unless the same shall be in writing and signed by the Guarantor (only with respect to amendments), the Borrower and the Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
Amendments to Guaranty. Effective as of the Agreement Effective Date, the Guaranty is hereby amended as follows: