Common use of Guaranty of Payment and Performance Clause in Contracts

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Lenders and the Administrative Agent the full and punctual payment when due (whether at stated maturity, by required pre-payment, by acceleration or otherwise), as well as the performance, of all of the Xxxxxx Switzerland Obligations including all such which would become due but for the operation of the automatic stay pursuant to § 362(a) of the Federal Bankruptcy Code and the operation of §§ 502(b) and 506(b) of the Federal Bankruptcy Code. This BGI Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Xxxxxx Switzerland Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Administrative Agent or any Lender first attempt to collect any of the Xxxxxx Switzerland Obligations from the Company or resort to any collateral security or other means of obtaining payment. Should the Company default in the payment or performance of any of the Xxxxxx Switzerland Obligations, the obligations of the Guarantor hereunder with respect to such Xxxxxx Switzerland Obligations in default shall, upon demand by the Administrative Agent, become immediately due and payable to the Administrative Agent, for the benefit of the Lenders and the Administrative Agent, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Administrative Agent on any number of occasions. All payments by the Guarantor hereunder shall be made to the Administrative Agent, in the manner and at the place of payment specified therefor in the Credit Agreement, for the account of the Lenders and the Administrative Agent.

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Lenders and the Administrative Agent the full and punctual payment when due (whether at stated maturity, by required pre-payment, by acceleration or otherwise), as well as the performance, of all of the Xxxxxx Luxembourg Obligations and the Xxxxxx Switzerland Obligations including all such which would become due but for the operation of the automatic stay pursuant to § 362(a) of the Federal Bankruptcy Code and the operation of §§ 502(b) and 506(b) of the Federal Bankruptcy Code. This BGI Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Xxxxxx Luxembourg Obligations and the Xxxxxx Switzerland Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Administrative Agent or any Lender first attempt to collect any of the Xxxxxx Luxembourg Obligations or the Xxxxxx Switzerland Obligations from the Company or resort to any collateral security or other means of obtaining payment. Should the Company default in the payment or performance of any of the Xxxxxx Luxembourg Obligations or the Xxxxxx Switzerland Obligations, the obligations of the Guarantor hereunder with respect to such Xxxxxx Luxembourg Obligations or Xxxxxx Switzerland Obligations in default shall, upon demand by the Administrative Agent, become immediately due and payable to the Administrative Agent, for the benefit of the Lenders and the Administrative Agent, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Administrative Agent on any number of occasions. All payments by the Guarantor hereunder shall be made to the Administrative Agent, in the manner and at the place of payment specified therefor in the Credit Agreement, for the account of the Lenders and the Administrative Agent.

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Lenders and the Administrative Agent the full and punctual payment when due (whether at stated maturity, by required pre-payment, by acceleration or otherwise), as well as the performance, of all of the Xxxxxx Switzerland Obligations including all such which would become due but for the operation of the automatic stay pursuant to § §362(a) of the Federal Bankruptcy Code and the operation of §§ §502(b) and 506(b) of the Federal Bankruptcy Code. This BGI Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Xxxxxx Switzerland Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Administrative Agent or any Lender first attempt to collect any of the Xxxxxx Switzerland Obligations from the Company or resort to any collateral security or other means of obtaining payment. Should the Company default in the payment or performance of any of the Xxxxxx Switzerland Obligations, the obligations of the Guarantor hereunder with respect to such Xxxxxx Switzerland Obligations in default shall, upon demand by the Administrative Agent, become immediately due and payable to the Administrative Agent, for the benefit of the Lenders and the Administrative Agent, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Administrative Agent on any number of occasions. All payments by the Guarantor hereunder shall be made to the Administrative Agent, in the manner and at the place of payment specified therefor in the Credit Agreement, for the account of the Lenders and the Administrative Agent.

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Lenders and the Administrative Agent the full and punctual payment when due (whether at stated maturity, by required pre-payment, by acceleration or otherwise), as well as the performance, of all of the Xxxxxx Switzerland Obligations including all such which would become due but for the operation of the automatic stay pursuant to § 362(a) of the Federal Bankruptcy Code and the operation of §§ 502(b) and 506(b) of the Federal Bankruptcy Code. This BGI Xxxxxx Luxembourg Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Xxxxxx Switzerland Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Administrative Agent or any Lender first attempt to collect any of the Xxxxxx Switzerland Obligations from the Company or resort to any collateral security or other means of obtaining payment. Should the Company default in the payment or performance of any of the Xxxxxx Switzerland Obligations, the obligations of the Guarantor hereunder with respect to such Xxxxxx Switzerland Obligations in default shall, upon demand by the Administrative Agent, become immediately due and payable to the Administrative Agent, for the benefit of the Lenders and the Administrative Agent, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Administrative Agent on any number of occasions. All payments by the Guarantor hereunder shall be made to the Administrative Agent, in the manner and at the place of payment specified therefor in the Credit Agreement, for the account of the Lenders and the Administrative Agent.

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Lenders and the Administrative Agent the full and punctual payment when due (whether at stated maturity, by required pre-payment, by acceleration or otherwise), as well as the performance, of all of the Xxxxxx Switzerland Luxembourg Obligations including all such which would become due but for the operation of the automatic stay pursuant to § 362(a) of the Federal Bankruptcy Code and the operation of §§ 502(b) and 506(b) of the Federal Bankruptcy Code. This BGI Xxxxxx Switzerland Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Xxxxxx Switzerland Luxembourg Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Administrative Agent or any Lender first attempt to collect any of the Xxxxxx Switzerland Luxembourg Obligations from the Company or resort to any collateral security or other means of obtaining payment. Should the Company default in the payment or performance of any of the Xxxxxx Switzerland Luxembourg Obligations, the obligations of the Guarantor hereunder with respect to such Xxxxxx Switzerland Luxembourg Obligations in default shall, upon demand by the Administrative Agent, become immediately due and payable to the Administrative Agent, for the benefit of the Lenders and the Administrative Agent, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Administrative Agent on any number of occasions. All payments by the Guarantor hereunder shall be made to the Administrative Agent, in the manner and at the place of payment specified therefor in the Credit Agreement, for the account of the Lenders and the Administrative Agent.

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Lenders Administrative Agent and the Administrative Agent other Credit Parties the full and punctual payment when due (whether at stated maturity, by required pre-payment, by acceleration or otherwise), as well as the performance, of all of the (i) Xxxxxx Luxembourg Obligations and the Xxxxxx Switzerland Obligations, (ii) Obligations including owing to a Credit Party in respect of Specified Hedge Agreements and Cash Management Agreements by any of the Guarantor or the Companies and (iii) all such which would become due but for the operation of the automatic stay pursuant to § 362(a) of the Federal Bankruptcy Code of the United States and the operation of §§ 502(b) and 506(b) of the Federal Bankruptcy CodeCode of the United States (all such Obligations, collectively, the “Guaranteed Obligations”). This BGI Xxxxxx Germany Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Xxxxxx Switzerland Guaranteed Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Administrative Agent or any Lender other Credit Party first attempt to collect any of the Xxxxxx Switzerland Guaranteed Obligations from the any Company or resort to any collateral security or other means of obtaining payment. Should the any Company default in the payment or performance of any of the Xxxxxx Switzerland Guaranteed Obligations, the obligations of the Guarantor hereunder with respect to such Xxxxxx Switzerland Guaranteed Obligations in default shall, upon demand by the Administrative Agent, become immediately due and payable to the Administrative Agent, for the benefit of the Lenders Administrative Agent and the Administrative Agentother Credit Parties, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Administrative Agent on any number of occasions. All payments by the Guarantor hereunder shall be made to the Administrative Agent, in the manner and at the place of payment specified therefor in the Credit Agreement, for the account of the Lenders Administrative Agent and the Administrative Agentother Credit Parties.

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Lenders Administrative Agent, for the benefit of itself and the Administrative Agent other Credit Parties, the full and punctual payment when due (whether at stated maturity, by required pre-payment, by acceleration or otherwise), as well as the performance, of all of the Obligations, including, without limitation, (i) the Xxxxxx Germany Obligations, the Xxxxxx Luxembourg Obligations and the Xxxxxx Switzerland Obligations, (ii) Obligations including owing to a Credit Party in respect of Specified Hedge Agreements and Cash Management Agreements by any of the Guarantor or the Companies, and (iii) all such which would become due but for the operation of the automatic stay pursuant to § 362(a) of the Federal Bankruptcy Code of the United States and the operation of §§ 502(b) and 506(b) of the Federal Bankruptcy CodeCode of the United States. This BGI Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Xxxxxx Switzerland Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Administrative Agent or any Lender other Credit Party first attempt to collect any of the Xxxxxx Switzerland Obligations from the any Company or resort to any collateral security or other means of obtaining payment. Should the any Company default in the payment or performance of any of the Xxxxxx Switzerland Obligations, the obligations of the Guarantor hereunder with respect to such Xxxxxx Switzerland Obligations in default shall, upon demand by the Administrative Agent, become immediately due and payable to the Administrative Agent, for the benefit of the Lenders Administrative Agent and the Administrative Agentother Credit Parties, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Administrative Agent on any number of occasions. All payments by the Guarantor hereunder shall be made to the Administrative Agent, in the manner and at the place of payment specified therefor in the Credit Agreement, for the account of the Lenders Administrative Agent and the Administrative Agentother Credit Parties.

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Lenders Administrative Agent and the Administrative Agent other Credit Parties the full and punctual payment when due (whether at stated maturity, by required pre-payment, by acceleration or otherwise), as well as the performance, of all of the (i) Xxxxxx Germany Obligations and the Xxxxxx Switzerland Obligations, (ii) Obligations including owing to a Credit Party in respect of Specified Hedge Agreements and Cash Management Agreements by any of the Guarantor or the Companies, and (iii) all such which would become due but for the operation of the automatic stay pursuant to § 362(a) of the Federal Bankruptcy Code of the United States and the operation of §§ 502(b) and 506(b) of the Federal Bankruptcy CodeCode of the United States (all such Obligations, collectively, the “Guaranteed Obligations”). This BGI Xxxxxx Luxembourg Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Xxxxxx Switzerland Guaranteed Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Administrative Agent or any Lender other Credit Party first attempt to collect any of the Xxxxxx Switzerland Guaranteed Obligations from the any Company or resort to any collateral security or other means of obtaining payment. Should the any Company default in the payment or performance of any of the Xxxxxx Switzerland Guaranteed Obligations, the obligations of the Guarantor hereunder with respect to such Xxxxxx Switzerland Guaranteed Obligations in default shall, upon demand by the Administrative Agent, become immediately due and payable to the Administrative Agent, for the benefit of the Lenders Administrative Agent and the Administrative Agentother Credit Parties, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Administrative Agent on any number of occasions. All payments by the Guarantor hereunder shall be made to the Administrative Agent, in the manner and at the place of payment specified therefor in the Credit Agreement, for the account of the Lenders Administrative Agent and the Administrative Agentother Credit Parties.

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Lenders Administrative Agent and the Administrative Agent other Credit Parties the full and punctual payment when due (whether at stated maturity, by required pre-payment, by acceleration or otherwise), as well as the performance, of all of the (i) Xxxxxx Switzerland Germany Obligations including and the Xxxxxx Luxembourg Obligations, (ii) Obligations owing to a Credit Party in respect of Specified Hedge Agreements and Cash Management Agreements by any of the Guarantor or the Companies and (iii) all such which would become due but for the operation of the automatic stay pursuant to § 362(a) of the Federal Bankruptcy Code of the United States and the operation of §§ 502(b) and 506(b) of the Federal Bankruptcy CodeCode of the United States (all such Obligations, collectively, the “Guaranteed Obligations”). This BGI Xxxxxx Switzerland Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of all of the Xxxxxx Switzerland Guaranteed Obligations and not of their collectibility only and is in no way conditioned upon any requirement that the Administrative Agent or any Lender other Credit Party first attempt to collect any of the Xxxxxx Switzerland Guaranteed Obligations from the any Company or resort to any collateral security or other means of obtaining payment. Should the any Company default in the payment or performance of any of the Xxxxxx Switzerland Guaranteed Obligations, the obligations of the Guarantor hereunder with respect to such Xxxxxx Switzerland Guaranteed Obligations in default shall, upon demand by the Administrative Agent, become immediately due and payable to the Administrative Agent, for the benefit of the Lenders Administrative Agent and the Administrative Agentother Credit Parties, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Administrative Agent on any number of occasions. All payments by the Guarantor hereunder shall be made to the Administrative Agent, in the manner and at the place of payment specified therefor in the Credit Agreement, for the account of the Lenders Administrative Agent and the Administrative Agentother Credit Parties.