Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Laws, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 9 contracts
Samples: Credit Agreement and Guaranty (Oyster Point Pharma, Inc.), Credit Agreement (Thimble Point Acquisition Corp.), Credit Agreement and Guaranty (Zymergen Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Account Parties under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 Article that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 9 contracts
Samples: 364 Day Credit Agreement (Xl Capital LTD), Credit Agreement (Xl Capital LTD), 364 Day Credit Agreement (Xl Capital LTD)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 shall constitute a guaranty of payment and performance and not of collection and are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Guaranteed Obligations under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Laws, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 9 contracts
Samples: Credit Agreement and Guaranty (BioXcel Therapeutics, Inc.), Credit Agreement (Tpi Composites, Inc), Credit Agreement (Fractyl Health, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, and (in the case of the Subsidiary Guarantors) joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Loan Parties under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the their respective Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 8 contracts
Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are irrevocable, absolute and unconditional, and joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower Guaranteed Obligations or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsRequirements of Law, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 3 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 7 contracts
Samples: Guarantee and Security Agreement, Guarantee and Security Agreement, Guarantee and Security Agreement (Nuveen Mortgage Opportunity Term Fund 2)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Account Parties under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release release, non-perfection or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 Article that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstancescircumstances (and any defenses arising from the foregoing are hereby waived to the extent permitted by applicable law). Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 6 contracts
Samples: Secured Credit Agreement (Xl Group PLC), Unsecured Credit Agreement (Xl Group PLC), Secured Credit Agreement (Xl Group PLC)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 6 contracts
Samples: Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.)
Obligations Unconditional. The obligations of Parent and the Subsidiary Guarantors under Section 13.01 12.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsLaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 12.02 that the obligations of Parent and the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of Parent or the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 6 contracts
Samples: Forbearance Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 5 contracts
Samples: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (United International Holdings Inc), Credit Agreement (Cornell Corrections Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors Guarantor under Section 13.01 4.01 are absolute and unconditional, joint and several, unconditional irrespective of the value, genuineness, validity, regularity regularity, legality or enforceability of the obligations of the any Approved Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein (including any Designation Letter), or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (including any immunity, sovereign or otherwise, to which any Approved Borrower may be entitled), it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair affect the liability of the Subsidiary Guarantors Guarantor hereunder, which shall remain absolute and unconditional as described above:
Appears in 5 contracts
Samples: 364 Day Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are irrevocable, absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the other Debt Documents or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 3 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 5 contracts
Samples: Assignment and Assumption (Goldman Sachs BDC, Inc.), Guarantee and Security Agreement (Stellus Capital Investment Corp), Guarantee and Security Agreement (Stellus Capital Investment Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors Guarantor under Section 13.01 11.1 are absolute absolute, unconditional and unconditional, joint and severalirrevocable, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the Note or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of of, or security for for, any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 11.2 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute absolute, unconditional and unconditional, joint and severalirrevocable, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors Guarantor hereunder, which shall remain absolute absolute, unconditional and unconditional irrevocable as described above:
Appears in 5 contracts
Samples: Agreement (International Shipholding Corp), Credit Agreement (International Shipholding Corp), Senior Secured Loan Facility Agreement (International Shipholding Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 12.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 12.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 5 contracts
Samples: Loan and Security Agreement (Myovant Sciences Ltd.), Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 12.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsLaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 12.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 5 contracts
Samples: Credit Agreement (Icagen, Inc.), Forbearance Agreement (Icagen, Inc.), Security Agreement (Icagen, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 13.1 are absolute and unconditional, joint and several, unconditional irrespective of the value, genuineness, validity, regularity or enforceability of this Agreement, the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Loan Documents or any other agreement or instrument referred to hereinherein or therein or reasonably related thereto, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Secured Obligations, and, to the fullest extent permitted by all applicable LawsApplicable Law, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (other than a defense of Full Payment), it being the intent of this Section 13.02 13.2 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 4 contracts
Samples: Credit Agreement (Milacron Holdings Corp.), Credit Agreement (Milacron Holdings Corp.), Credit Agreement (Milacron Holdings Corp.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 8.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 8.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 4 contracts
Samples: Revolving Credit Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc), Smithfield Foods Inc
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 13.1 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 13 that the obligations of the Subsidiary Guarantors hereunder shall be primary obligations of payment and not of collection, absolute and unconditional, joint and several, under any and all circumstancescircumstances (and any defenses thereto are hereby waived by the Guarantors). Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunderhereunder (and any such defense are hereby waived), which shall remain absolute and unconditional as described above:
Appears in 4 contracts
Samples: Revolving Credit Agreement (AerCap Holdings N.V.), Revolving Credit Agreement, Revolving Credit Agreement (AerCap Holdings N.V.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 12.15(a) above are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any Issuer and each other Subsidiary Guarantor under the Notes, this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 12.15(b) that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 4 contracts
Samples: Note Purchase Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, Inc.), Note Purchase Agreement (5E Advanced Materials, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors each Guarantor under Section 13.01 7.01 are absolute and unconditional, joint and several, unconditional irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Guaranteed Obligations under this Agreement Agreement, the other Loan Documents or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any law of any jurisdiction or any other event affecting any term of any Guaranteed Obligation or any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 Article that the obligations of the Subsidiary Guarantors each Guarantor hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors any Guarantor hereunder, which shall remain absolute and unconditional as described above:
Appears in 3 contracts
Samples: Bridge Loan Agreement (Newell Brands Inc), Credit Agreement (Newell Rubbermaid Inc), Joinder Agreement (Newell Rubbermaid Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 2.1 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of Credit Agreement, the Borrower or any other Subsidiary Guarantor under this Agreement Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 2.2 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 3 contracts
Samples: Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc)
Obligations Unconditional. The obligations of the each New Subsidiary Guarantors Guarantor under Section 13.01 1.01 shall constitute a guaranty of payment and to the fullest extent permitted by applicable law, are absolute absolute, irrevocable and unconditional, joint and severalseveral with each of the other Subsidiary Guarantors, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinGuaranteed Obligations, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Laws, and irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstancesguarantor (except for payment in full). Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the any New Subsidiary Guarantors Guarantor hereunder, which shall remain absolute absolute, irrevocable and unconditional under any and all circumstances as described above:
Appears in 3 contracts
Samples: Third Supplemental Indenture (Bill Barrett Corp), Third Supplemental Indenture (Bill Barrett Corp), Second Supplemental Indenture (Bill Barrett Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors each Guarantor under Section 13.01 7.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee Guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsLaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 7.02 that the obligations of the Subsidiary Guarantors each Guarantor hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunderany Guarantor, which shall remain absolute and unconditional as described above:
Appears in 3 contracts
Samples: First Lien Credit Agreement (CURO Group Holdings Corp.), Security Agreement (CURO Group Holdings Corp.), Security Agreement (CURO Group Holdings Corp.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee Guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsLaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (other than payment in full in cash of the Obligations (excluding contingent obligations as to which no claims have been made)), it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 3 contracts
Samples: Credit Agreement and Guaranty (Sonendo, Inc.), Credit Agreement and Guaranty (Sonendo, Inc.), Credit Agreement (Sonendo, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 12.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 12.01 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 3 contracts
Samples: Term Loan Agreement (Corium International, Inc.), Term Loan Agreement (Corium International, Inc.), Term Loan Agreement (Corium International, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 3 contracts
Samples: Credit Agreement (International Telecommunication Data Systems Inc), Credit Agreement (Entertainment Properties Trust), Credit Agreement (International Telecommunication Data Systems Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 3 contracts
Samples: Security Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Nextel International Inc), Credit Agreement (Sinclair Broadcast Group Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors Guarantor under Section 13.01 11.1 are absolute absolute, unconditional and unconditional, joint and severalirrevocable, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Borrowers under this Agreement Agreement, the Note or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of of, or security for for, any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 11.2 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute absolute, unconditional and unconditional, joint and severalirrevocable, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors Guarantor hereunder, which shall remain absolute absolute, unconditional and unconditional irrevocable as described above:
Appears in 3 contracts
Samples: Agreement (International Shipholding Corp), Senior Secured Term Loan Facility Agreement (International Shipholding Corp), Senior Secured Term Loan Facility Agreement (International Shipholding Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the any Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 3 contracts
Samples: Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 7.01 shall constitute a guaranty of payment and performance and not of collection and to the fullest extent permitted by applicable Legal Requirements, are absolute absolute, irrevocable and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Guaranteed Obligations under this Agreement Agreement, the Notes, if any, or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Laws, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations Subsidiary Guarantor (except for payment in full of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstancesGuaranteed Obligations). Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute absolute, irrevocable and unconditional under any and all circumstances as described above:
Appears in 3 contracts
Samples: Credit Agreement (Biglari Holdings Inc.), Credit Agreement (Biglari Holdings Inc.), Revolving Credit Agreement (ICO Global Communications (Holdings) LTD)
Obligations Unconditional. The obligations of the Subsidiary Guarantors each Guarantor under Section 13.01 1.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to under which any Guaranteed Obligations have been incurred (herein, the “Underlying Instruments”), or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 1.02 that the obligations of the Subsidiary Guarantors such Guarantor hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, any Guarantor hereunder which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement (Box Inc), Credit Agreement (Box Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (other than the defense of payment in full of all of the Guaranteed Obligations), it being the intent of this Section 13.02 6.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement (Clientlogic Corp), Credit Agreement (Clientlogic Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the any Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, also to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (other than payment in full of the Guaranteed Obligations or performance of its obligations), it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that that, to the fullest extent permitted by applicable law, the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 12.15(a) above are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of Issuer under the Borrower or any other Subsidiary Guarantor under Notes, this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 12.15(b) that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Note Purchase Agreement (Senseonics Holdings, Inc.), Note Purchase and Exchange Agreement (Senseonics Holdings, Inc.)
Obligations Unconditional. The obligations of Holdings and the Subsidiary Guarantors under Section 13.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of Holdings, the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Laws, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of Holdings and the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of Holdings and the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement (Pear Therapeutics, Inc.), Credit Agreement (Pear Therapeutics, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 2.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or Credit Agreement, any other Subsidiary Guarantor under this Agreement Credit Document or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 Article II that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Pledge and Security Agreement (Iridium Facilities Corp), Subsidiary Guarantee Agreement (Iridium Operating LLC)
Obligations Unconditional. The obligations of Parent and the Subsidiary Guarantors under Section 13.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of Parent, the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Laws, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of Parent and the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of Parent and the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Allurion Technologies, Inc.), Credit Agreement and Guaranty (Allurion Technologies Holdings, Inc.)
Obligations Unconditional. The obligations of each of the Subsidiary Guarantors under Section 13.01 4.01 are absolute and unconditional, joint and several, unconditional irrespective of the value, genuineness, validity, regularity regularity, legality or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (including any immunity, sovereign or otherwise, to which the Borrower may be entitled), it being the intent of this Section 13.02 that the obligations of each of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair affect the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 7.1 are absolute and unconditional, joint and several, absolute, unconditional and irrevocable, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations obligation of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the Note or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of of, or security for for, any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 7.2 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, absolute, unconditional and irrevocable, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute absolute, unconditional and unconditional irrevocable as described above:
Appears in 2 contracts
Samples: Credit Facility Agreement (OSG America L.P.), Senior Secured Revolving Credit Facility Agreement (OSG America L.P.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors Guarantor under Section 13.01 10.1 are absolute absolute, unconditional and unconditional, joint and severalirrevocable, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the Note or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of of, or security for for, any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 10.2 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute absolute, unconditional and unconditional, joint and severalirrevocable, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors Guarantor hereunder, which shall remain absolute absolute, unconditional and unconditional irrevocable as described above:
Appears in 2 contracts
Samples: Loan Agreement (International Shipholding Corp), Credit Agreement (International Shipholding Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 12.1 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 12.1 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstancescircumstances other than the Payment in Full of the Guaranteed Obligations. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Adma Biologics, Inc.), Credit Agreement and Guaranty (Adma Biologics, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 2.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this the Credit Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 2.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement (Nextel Communications Inc), Guarantee and Security Agreement (Nextel Communications Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors Guarantor under Section 13.01 4.1 are absolute absolute, irrevocable and unconditional, joint and several, unconditional irrespective of the value, genuineness, validity, regularity regularity, legality or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (including any immunity, sovereign or otherwise, to which the Borrower may be entitled), it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute absolute, irrevocable and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair affect the liability of the Subsidiary Guarantors Guarantor hereunder, which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Conformed And (International Paper Co /New/), Credit Agreement (International Paper Co /New/)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 2.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement the Loan Agreements or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 2.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Guarantee and Security Agreement (Nextel Communications Inc), Guarantee and Security Agreement (Nextel Communications Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors Company under Section 13.01 4.01 are absolute and unconditional, joint and several, unconditional irrespective of the value, genuineness, validity, regularity regularity, legality or enforceability of the obligations of the any Approved Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein (including any Designation Letter), or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (including any immunity, sovereign or otherwise, to which any Approved Borrower may be entitled), it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors Company hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair affect the liability of the Subsidiary Guarantors Company hereunder, which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Year Credit Agreement (International Paper Co /New/), Year Credit Agreement (International Paper Co /New/)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement (Forest Oil Corp), Credit Agreement (Forest Oil Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.02 that the obligations of each of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of any of the Subsidiary Guarantors hereunder, which liabilities shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the Notes, the Designated Hedging Agreements or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Agreement (Gran Tierra Energy, Inc.), Credit Agreement (Gran Tierra Energy, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Borrowers under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 2 contracts
Samples: Credit Agreement (Isp Minerals Inc /Ny/), Credit Agreement (Isp Minerals LLC)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.02 that the obligations of the Subsidiary CREDIT AGREEMENT - 58 - Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement (Polymer Group Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 7.1 are irrevocable, absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this Agreement Agreement, the other Secured Instruments or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Secured Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 7 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstancescircumstances other than a defense of final payment in full of the Secured Obligations (other than contingent indemnification obligations not then due). Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Guarantee and Security Agreement (FS Energy & Power Fund)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 8.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Borrowers under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 8.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors each Guarantor under this Section 13.01 6.01 are absolute and unconditional, joint and several, irrespective each waives any defenses it may have arising out of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Borrowers under this Agreement Credit Agreement, the Subsidiary Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.01(b) that the obligations of the Subsidiary Guarantors each Guarantor hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors each Guarantor hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Revolving Credit Agreement (Apollo Asset Management, Inc.)
Obligations Unconditional. The joint and several obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or the Security Documents or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Guarantied Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 3.02 that the joint and several obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, Guarantor hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors Guarantor under Section 13.01 7.1 hereof are absolute absolute, irrevocable and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 7.2 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute absolute, irrevocable and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, Guarantor hereunder which shall remain absolute absolute, irrevocable and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations Obligations of the Subsidiary Guarantors under Section 13.01 11.01 are irrevocable, continuing, absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Borrowers under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsLaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorGuarantor, it being the intent of this Section 13.02 11.02 that the obligations Obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:: 104
Appears in 1 contract
Samples: Trinity Biotech PLC
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release release, non-perfection or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 Article III that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstancescircumstances (and any defenses arising from the foregoing are hereby waived to the extent permitted by applicable law). Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the LOAN AGREEMENT Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Loan Agreement (NRG Energy Inc)
Obligations Unconditional. The obligations Obligations of the Subsidiary Guarantors under Section 13.01 11.01 are irrevocable, continuing, absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsLaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorGuarantor, it being the intent of this Section 13.02 11.02 that the obligations Obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are irrevocable, absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the other Debt Documents or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (other than a defense of payment or performance in full), it being the intent of this Section 13.02 3 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Guarantee and Security Agreement (New Mountain Finance Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 12.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Borrowers under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 12 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement (Xl Capital LTD)
Obligations Unconditional. The obligations of the Subsidiary Guarantors ------------------------- Guarantor under Section 13.01 2.01 hereof are absolute and unconditional, joint and several, unconditional irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of Credit Agreement, the Borrower or any other Subsidiary Guarantor under this Agreement Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 2.02 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, Guarantor hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of any of the Borrower or any other Subsidiary Guarantor Borrowers under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement (Forest Oil Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of Credit Agreement 61 - 55 - this Agreement, the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Loan Documents or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 3.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 SECTION 6.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 SECTION 6.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Revolving Credit Agreement -------------------------- Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of this Agreement, the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Loan Documents or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable Credit Agreement discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 3.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement (Nl Industries Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 13.1 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other Credit Agreement circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 13 that the obligations of the Subsidiary Guarantors hereunder shall be primary obligations, absolute and unconditional, joint and several, under any and all circumstancescircumstances (and any defenses thereto are hereby waived by the Guarantors). Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunderhereunder (and any such defense are hereby waived), which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Assignment and Assumption Agreement (American International Group Inc)
Obligations Unconditional. The Guarantor agrees that its obligations of the Subsidiary Guarantors under Section 13.01 this Article IX are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations any of the Borrower or any other Subsidiary Guarantor under this Agreement Loan Documents, or any other agreement or instrument referred to hereintherein, or any substitution, release or exchange of any other guarantee guaranty of or security for any of the Guaranteed Americold Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that (including, without limitation, personal defenses of Americold) which might otherwise constitute a legal or equitable discharge or defense of a surety surety, guarantor or guarantorco-obligor, it being the intent of this Section 13.02 9.3 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, Guarantor hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors Guarantor under Section 13.01 10.01 are irrevocable, absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the other Transaction Documents or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsApplicable Law, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 Article X that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or 104 Amended and Restated Revolving Asset Based Loan Agreement impair the liability of the Subsidiary Guarantors Guarantor hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Loan Agreement (Andersons, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 SECTION 1.1 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Master Lease or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 SECTION 1.2 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors Guarantor under Section 13.01 7.01 are absolute and unconditional, joint and several, unconditional irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Borrowers under this Agreement Agreement, the other Loan Documents or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any law of any jurisdiction or any other event affecting any term of any Guaranteed Obligation or any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 Article that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors Guarantor hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a Credit Agreement legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Security Agreement (Panavision Inc)
Obligations Unconditional. The obligations of the Subsidiary Shareholder Guarantors under Section 13.01 2 are joint and several, absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations any of the Borrower Loan Documents or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred documents relating to hereinthe Obligations, or any substitution, release release, impairment or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that (other than the indefeasible payment in full of all Obligations) which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 3 that the obligations of the Subsidiary Shareholder Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that that, to the fullest extent permitted by law, the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors any Shareholder Guarantor hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 10.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 10.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter altar or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Nuco2 Inc /Fl)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this Agreement Agreement, the U.S. Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement (Forest Oil Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 10.01 are absolute and unconditional, and joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Loan Parties under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsLaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 hereof are absolute and unconditional, joint and several, absolute and unconditional irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this the Credit Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense SUBSIDIARY GUARANTEE AND SECURITY AGREEMENT of a surety or guarantorguarantor (other than the payment of the Guaranteed Obligations), it being the intent of this Section 13.02 3.02 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute and unconditional, joint and several, absolute and unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, Guarantor hereunder which shall remain joint and several, absolute and unconditional as described above:
Appears in 1 contract
Samples: Subsidiary Guarantee and Security Agreement (United Stationers Supply Co)
Obligations Unconditional. The Subject to Section 7.13 hereof, the ------------------------- obligations of the Subsidiary Parent Guarantors under Section 13.01 2.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of Credit Agreement, the Borrower or any other Subsidiary Guarantor under this Agreement Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 2.02 that the obligations of the Subsidiary Parent Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Parent Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors each Guarantor under Section 13.01 2.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of Credit Agreement, the Borrower or any other Subsidiary Guarantor under this Agreement Note or any other agreement or instrument (including, without limitation, any other Financing Agreements) referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee Financing Agreements of or security for any of the Guaranteed ObligationsObligations or for the obligations of such Guarantor hereunder, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 2.02 that the obligations of the Subsidiary Guarantors such Guarantor hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, each Guarantor hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Guaranty Agreement (GS Energy CORP)
Obligations Unconditional. The joint and several obligations of the Subsidiary Guarantors under Section 13.01 3.1 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw and subject to Section 3.7 hereof, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the joint and several obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors any Guarantor hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the ------------------------- Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 hereof are absolute and unconditional, joint and several, absolute and unconditional irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this the Credit Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (other than the payment of the Guaranteed Obligations), it being the intent of this Section 13.02 3.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, absolute and unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain joint and several, absolute and unconditional as described above:
Appears in 1 contract
Samples: Subsidiary Guarantee and Security Agreement (United Stationers Supply Co)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 10.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be primary obligations, absolute and unconditional, joint and several, under any and all circumstancescircumstances (and any defenses thereto are hereby waived by the Guarantors). Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunderhereunder (and any such defense are hereby waived), which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 13.1 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 13 that the obligations of the Subsidiary Guarantors hereunder shall be primary obligations, absolute and unconditional, joint and several, under any and all circumstancescircumstances (and any defenses thereto are hereby waived by the Guarantors). Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunderhereunder (and any such defense are hereby waived), which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Assignment and Assumption Agreement (AerCap Holdings N.V.)
Obligations Unconditional. The Subject to the terms of the Subordination Agreement referred to in Section 2.10, the obligations of the Subsidiary Guarantors each Guarantor under Section 13.01 12.1 are absolute and unconditional, joint and several, unconditional irrespective of the value, genuineness, validity, regularity or enforceability of this Agreement, the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Loan Documents or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 12.2 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Subordinated Secured Notes Purchase Agreement (Sheldahl Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors Guarantor under Section 13.01 11.1 are absolute absolute, unconditional and unconditional, joint and severalirrevocable, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the Note or any other agreement or instrument referred referenced to hereinherein or therein, or any substitution, release or exchange of any other guarantee of of, or security for for, any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 11.2 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute absolute, unconditional and unconditional, joint and severalirrevocable, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors Guarantor hereunder, which shall remain absolute absolute, unconditional and unconditional in-evocable as described above:
Appears in 1 contract
Samples: Account Pledge Agreement (International Shipholding Corp)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 10.01 are absolute and unconditional, and joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Loan Parties under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (other than payment in full), it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement (Teleflex Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 10.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the any Subsidiary Borrower or any other Subsidiary Guarantor under this Agreement Agreement, the other Loan Documents or any other agreement or instrument referred to herein, or any Credit Agreement substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 Article that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that that, to the fullest extent permitted by applicable law, the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors either Guarantor hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 shall constitute a guaranty of payment and performance and not of collection and are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Guaranteed Obligations under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Laws, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement and Guaranty (Harrow Health, Inc.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 6.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Company under this Agreement Agreement, the Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 6.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement (Excelcom Inc)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 12.1 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of Issuer under the Borrower or any other Subsidiary Guarantor under Notes, this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 12.2 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 2.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of Credit Agreement or the Borrower or any other Subsidiary Guarantor under this Agreement Notes or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 2.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of Parent and the Subsidiary Guarantors under Section 13.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of Parent, the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Laws, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of Parent and the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:following
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors Parent Guarantor under Section 13.01 11.1 are absolute absolute, unconditional and unconditional, joint and severalirrevocable, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Borrowers under this Agreement Agreement, the Note, the other Transaction Documents or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of of, or security for for, any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or parent guarantor, it being the intent of this Section 13.02 11.2 that the obligations of the Subsidiary Guarantors Parent Guarantor hereunder shall be absolute absolute, unconditional and unconditional, joint and severalirrevocable, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors Parent Guarantor hereunder, which shall remain absolute absolute, unconditional and unconditional irrevocable as described above:
Appears in 1 contract
Samples: Senior Secured Bridge Loan Agreement (Dorian LPG Ltd.)
Obligations Unconditional. The obligations of the Subsidiary Guarantors Borrower under Section 13.01 section 2A.18(a) are absolute and unconditional, joint and several, unconditional irrespective of the value, genuineness, validity, regularity or enforceability of this Agreement, the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement Credit Documents or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Alternative Currency Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 section 2A.18 that the obligations of the Subsidiary Guarantors Borrower hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, Borrower hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement (Hawk Corp)
Obligations Unconditional. The Guarantor agrees that the obligations of the Subsidiary Guarantors Guarantor under Section 13.01 2.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations any of the Borrower or any other Subsidiary Guarantor under this Agreement Operative Agreements, or any other agreement or instrument referred to hereintherein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed FHF Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that which might otherwise constitute a legal or equitable discharge or defense of a surety surety, guarantor or guarantorco-obligor, it being the intent of this the Section 13.02 2.02 that the obligations of the Subsidiary Guarantors Guarantor hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, Guarantor hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The Subject to Section 7.13 hereof, the ------------------------- obligations of the Subsidiary Guarantors Parent Guarantor under Section 13.01 2.01 hereof are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Credit Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 2.02 that the obligations of the Subsidiary Guarantors Parent Guarantor hereunder shall be absolute and unconditional, joint and several, unconditional under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, Parent Guarantor hereunder which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement (Mediacom LLC)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 3.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Borrowers under this Agreement or any other agreement or instrument referred to hereinherein or therein, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable Lawslaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 Article III that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Samples: Credit Agreement (Xl Capital LTD)
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor Obligor under this Agreement or any other agreement or instrument referred to herein, or any substitution, release or exchange of any other guarantee Guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsLaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor, it being the intent of this Section 13.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
Obligations Unconditional. The obligations of the Subsidiary Guarantors under Section 13.01 12.01 are absolute and unconditional, joint and several, irrespective of the value, genuineness, validity, regularity or enforceability of the obligations of the Borrower or any other Subsidiary Guarantor under this Agreement or any other agreement or instrument referred to hereinLoan Document, or any substitution, release or exchange of any other guarantee of or security for any of the Guaranteed Obligations, and, to the fullest extent permitted by all applicable LawsLaw, irrespective of any other circumstance whatsoever that might otherwise constitute a legal or equitable discharge or defense of a surety or guarantorguarantor (other than the Payment in Full of the Guaranteed Obligations), it being the intent of this Section 13.02 12.02 that the obligations of the Subsidiary Guarantors hereunder shall be absolute and unconditional, joint and several, under any and all circumstances. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter or impair the liability of the Subsidiary Guarantors hereunder, which shall remain absolute and unconditional as described above:
Appears in 1 contract
