Existing Guaranty Sample Clauses

Existing Guaranty. The Guaranty is intended to be supplemental to, and not in limitation of, any existing guaranty in favor of the Secured Party to secure the Obligations. All such existing guaranty, and any rights of the Secured Party in connection therewith, shall remain in full force and effect in accordance with their respective terms.
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Existing Guaranty. Upon the execution of this Guaranty by the Guarantors party hereto, this Guaranty shall exclusively control and govern the mutual rights and obligations of the parties hereto with respect to the Existing Guaranty, and the Existing Guaranty shall be superseded by this Guaranty in all respects.
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Existing Guaranty. The “Guaranty” (as defined in the Existing Credit Agreement).
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Existing Guaranty. Existing Guarantor shall remain liable under the Existing Guaranty for all indebtedness and obligations of Maker and Borrower under the Loan Documents, and Existing Guarantor shall not be released from any liability or obligations on account of the transactions evidenced by this Agreement or the Deed.
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Existing Guaranty. Upon the execution of this Guaranty by the Guarantors party hereto, this Guaranty shall exclusively control and govern the mutual rights and obligations of the parties hereto with respect to that certain (i) Guaranty dated June 4, 2013 by the Guarantors (as defined therein party thereto) in favor of Administrative Agent (the “Subsidiaries Guaranty”), (ii) Guaranty dated June 4, 2013 by Sovran Holdings, Inc., a Delaware corporation, in favor of Administrative Agent (the “Holdings Guaranty”), (iii) Guaranty dated April 1, 2014 by Sovran Cameron, LLC, a Delaware limited liability company, in favor of Administrative Agent (the “Cameron Guaranty”) and (iv) Guaranty dated April 1, 2014 by Sovran Congress, LLC, a Delaware limited liability company, in favor of Administrative Agent (the “Congress Guaranty”; together with the Subsidiaries Guaranty, Holdings Guaranty and Cameron Guaranty, collectively, the “Existing Guaranty”), and the Existing Guaranty shall be superseded by this Guaranty in all respects.
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Existing Guaranty. All indebtedness, obligations, and liabilities created by the Existing Guaranty shall continue unimpaired and in full force and effect, as restated in this Agreement. This Agreement does not constitute a novation of the obligations and liabilities existing under the Existing Guaranty, and this Agreement evidences the obligations of the Guarantors under the Existing Guaranty as continued and restated hereby. Each of the parties hereto has caused a counterpart of this Agreement to be duly executed and delivered as of the date first above written. GUARANTORS: XXXXX & MINOR DISTRIBUTION, INC., a Virginia corporation By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Executive Vice President, General Counsel and Corporate Secretary XXXXX & MINOR MEDICAL, INC., a Virginia corporation By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Executive Vice President, General Counsel and Corporate Secretary BARISTA ACQUISITION I, LLC, a Virginia limited liability company By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Executive Vice President, General Counsel and Corporate Secretary BARISTA ACQUISITION II, LLC, a Virginia limited liability company By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Executive Vice President, General Counsel and Corporate Secretary O&M HALYARD, INC., a Virginia corporation By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Executive Vice President, General Counsel and Corporate Secretary XXXXX & MINOR, INC., a Virginia corporation By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Executive Vice President, General Counsel and Corporate Secretary O&M XXXXX HOLDINGS, GP, a Delaware general partnership By: BARISTA ACQUISITION I, LLC, its Partner By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Executive Vice President, General Counsel and Corporate Secretary BARISTA ACQUISITION II, LLC, its Partner By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Executive Vice President, General Counsel and Corporate Secretary XXXXX HOLDINGS I, INC., a New Jersey corporation By: /s/ Xxxxx X. Bernocchi Name: Xxxxx X. Bernocchi Title: President XXXXX HEALTHCARE CENTERS, INC., a New Jersey corporation By: /s/ Xxxxx X. Bernocchi Name: Xxxxx X. Bernocchi Title: Chief Executive Officer XXXXX & MINOR INTERNATIONAL LOGISTICS, INC., a Virginia corporation By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Executive Vice President, General Counsel and Corporate Secretary Accepted and agreed to as of the date first above writte...
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Existing Guaranty. The obligations of the Company under the Existing Note Purchase Agreement and the Existing Notes were, and the obligations of the Company hereunder and under the Notes shall continue to be absolutely, unconditionally and irrevocably guaranteed by G&K Services, Co., a Minnesota corporation (the “G&K Subsidiary Guarantor”), pursuant to that certain Subsidiary Guaranty Agreement dated as of April 15, 2013 (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “G&K Subsidiary Guaranty”).
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Existing Guaranty. This Guaranty amends and restates in its entirety the Existing Guaranty, provided that the obligations of Guarantor under the Existing Guaranty shall continue under this Guaranty, and shall not in any event be terminated, extinguished or annulled, but shall hereafter be governed by this Guaranty. [Remainder of page intentionally left blank.]
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Existing Guaranty. Each Fountain Corporation that is a party to the Existing Guaranty hereby acknowledges and consents to the amendments to the Existing GECC Note, the Existing Aircraft Note and all of the Security Documents executed and delivered in connection with the loans evidenced by the Existing GECC Note and the Existing Aircraft Note, whether effected hereby or by any instrument, agreement or amendment to be delivered pursuant to Article 3 and agrees that (a) each reference in the Existing Guaranty to the Loan Agreement shall be deemed to refer to this Agreement as amended from time to time, (b) each reference, if any, in the Existing Guaranty to the Existing Aircraft Note or the Existing GECC Note shall be deemed to refer to the Amended Aircraft Note and the Amended GECC Note, respectively, (c) the liabilities, indebtedness and obligations the payment and performance of which has been guaranteed pursuant to the Existing Guaranty shall be and hereby is expanded to include any and all of the Obligations, whether the same shall be due or owing to GECC, Transamerica, any other Lender or the Agent, (d) the Existing Guaranty and each such Fountain Corporation's liabilities and obligations thereunder are and shall remain in full force and effect in accordance with the terms and provisions of the Existing Guaranty as modified, supplemented and/or amended by the provisions of this Section, and (e) nothing in this Agreement or in any instrument, agreement or amendment delivered pursuant to Article 3 shall alter, limit, diminish or impair such Fountain Corporation's obligations under the Existing Guaranty except to the extent that the indebtedness and obligations of the Borrower, the payment of which such Fountain Corporation has guaranteed pursuant to the Existing Guaranty, have been altered by the provisions of this Agreement or any instrument, agreement or amendment delivered pursuant to Article 3. 1.20. 1.21.
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Related to Existing Guaranty

  • Continuing Guaranty This Guaranty is a continuing guaranty and shall remain in effect until all of the Guaranteed Obligations shall have been paid in full and the Revolving Commitments shall have terminated and all Letters of Credit shall have expired or been cancelled. Each Guarantor hereby irrevocably waives any right to revoke this Guaranty as to future transactions giving rise to any Guaranteed Obligations.

  • Continuing Guarantee This guarantee is a continuing guarantee and will extend to the ultimate balance of sums payable by any Obligor under the Finance Documents, regardless of any intermediate payment or discharge in whole or in part.

  • Continuing Guaranty; Assignments This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the latest of (i) the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (ii) the Termination Date and (iii) the latest date of expiration or termination of all Letters of Credit and all Secured Hedge Agreements, (b) be binding upon the Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Secured Parties and their successors, transferees and assigns. Without limiting the generality of clause (c) of the immediately preceding sentence, any Secured Party may assign or otherwise transfer all or any portion of its rights and obligations under this Agreement (including, without limitation, all or any portion of its Commitments, the Advances owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party herein or otherwise, in each case as and to the extent provided in Section 9.07. No Guarantor shall have the right to assign its rights hereunder or any interest herein without the prior written consent of the Secured Parties.

  • Continuing Guarantees (a) Each Subsidiary Guarantee shall be a continuing Guarantee and shall (i) subject to Section 1303, remain in full force and effect until payment in full of the principal amount of all Outstanding Notes (whether by payment at maturity, purchase, redemption, defeasance, retirement or other acquisition) and all other Subsidiary Guaranteed Obligations of the Subsidiary Guarantor then due and owing, (ii) be binding upon such Subsidiary Guarantor and (iii) inure to the benefit of and be enforceable by the Trustee, the Holders and their permitted successors, transferees and assigns.

  • Guaranty of Payment; Continuing Guaranty The guarantee in this Article IV is a guaranty of payment and not of collection, and is a continuing guarantee, and shall apply to all Guaranteed Obligations whenever arising.

  • Guaranty Absolute; Continuing Guaranty; Assignments (a) The Guarantors, jointly and severally, guaranty that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Transaction Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the Collateral Agent or any Buyer with respect thereto. The obligations of each Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against any Guarantor to enforce such obligations, irrespective of whether any action is brought against any Transaction Party or whether any Transaction Party is joined in any such action or actions. The liability of any Guarantor under this Guaranty shall be as a primary obligor (and not merely as a surety) and shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives, to the extent permitted by law, any defenses it may now or hereafter have in any way relating to, any or all of the following:

  • Continuing Guaranty; Assignments under the Credit Agreement This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until the latest of (i) the payment in full in cash of the Guaranteed Obligations and all other amounts payable under this Guaranty, (ii) the Maturity Date and (iii) the latest date of expiration, termination or Cash Collateralization or provision of Credit Support therefor of all Letters of Credit and the expiration or termination of all Secured Hedge Agreements, (b) be binding upon each Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Secured Parties and their successors, transferees and assigns. Without limiting the generality of clause (c) of the immediately preceding sentence, any Secured Party may assign or otherwise transfer all or any portion of its rights and obligations under the Credit Agreement (including, without limitation, all or any portion of its Commitments, the Loans owing to it and the Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party herein or otherwise, in each case as and to the extent provided in Section 10.07 of the Credit Agreement. Subject to Section 7.04 of the Credit Agreement, no Guarantor shall have the right to assign its rights hereunder or any interest herein without the prior written consent of the Secured Parties.

  • Guarantee of Payment; Continuing Guarantee The guarantee in this Article IV is a guaranty of payment and not of collection, is a continuing guarantee, and shall apply to all Obligations whenever arising.

  • Events Affecting Guarantor Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

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