Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows: (a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement), each Guarantor hereby agrees to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty. (b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 2 contracts
Sources: Subsidiary Guaranty (Monster Worldwide, Inc.), Subsidiary Guaranty (Monster Worldwide, Inc.)
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all payments made by obligations of such Guarantor hereunder will shall be made paid solely in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) U.S. Dollars to the Administrative AgentAgent for the benefit of itself and the other Secured Parties in immediately available funds, without setoffset-off, counterclaim or other defense and applied in accordance with Sections 3.01 and 8.03 of the Credit Agreement, including Article III, Article IV and Article X thereof, free and clear of and without deduction for any Taxes (except as provided otherwise unless required by applicable Law and subject to the obligation to pay additional amounts in accordance with Section 4.3 of the Credit Agreement), each such Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement Agreement, including Article III, Article IV and Article X thereof, in respect of all payments and application of such payments made by it hereunder and the provisions of which Articles and Sections are hereby incorporated into and made a part of this Guaranty Guarantee by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Articles and Sections shall be deemed to be references to each such Guarantor, and references to “this Agreement” in such Articles and Sections shall be deemed to be references to this GuarantyGuarantee.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Caris Life Sciences, Inc.), Credit Agreement (Caris Life Sciences, Inc.)
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative AgentAgent in immediately available funds, without setoffset-off, counterclaim or other defense and in accordance with Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and each Secured Party hereby agreeing to comply with and be bound by the provisions of Sections 4.6 and 4.7 of the Credit Agreement in respect of all payments and application of payments received by such Secured Party and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 2 contracts
Sources: Subsidiary Guaranty (Kansas City Southern De Mexico, S.A. De C.V.), Subsidiary Guaranty (Kansas City Southern)
Payments; Application. Each Guarantor hereby agrees with each Secured Party Lender as follows:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Guaranteed Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that that, references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (New York Times Co), Credit Agreement (New York Times Co)
Payments; Application. Each Guarantor hereby agrees with each Secured Party Lender as follows:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 2 contracts
Sources: Guaranty (McGrath Rentcorp), Guaranty (McGrath Rentcorp)
Payments; Application. Each Guarantor hereby agrees with each Secured Party as followsfollows to the extent permitted by applicable law:
(a) SECTION 2.7.1 Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent, without setoffset-off, counterclaim or other defense (other than the defense of payment or performance) and in accordance with Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall also be deemed to be references to each Subsidiary Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) SECTION 2.7.2 All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 4.7 of the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Hanesbrands Inc.)
Payments; Application. Each The Guarantor hereby agrees with each --------------------- Secured Party as follows:
that (a) Each Guarantor agrees that all payments made hereunder shall be applied upon receipt as set forth in Section 2.4 (b) of the Loan Agreement and (b) all payments made --------------- by such the Guarantor hereunder will be made in the currency of the applicable Obligation (except Dollars to the extent provided otherwise in the Credit Agreement) to the Administrative Agent, without setoffset- off, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Loan Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in Taxes, the Credit Agreement), each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Loan Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty and Security Agreement by this reference as if set forth herein; provided provided, that -------- references to the “"Borrower” " or “"Borrowers” " in such Sections shall be deemed to be references to each the Guarantor, and references to “"this Agreement” " in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party Lender as follows:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement), each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 accordance with the terms of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each The Guarantor hereby agrees with each Secured Lender Party as follows:
(a) Each Guarantor agrees that all All payments made by such the Guarantor hereunder will be made in the currency of the Dollars or other applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Alternative Currency to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in Taxes, the Credit Agreement), each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Company Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each the Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Company Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative AgentAgent in immediately available funds, without setoffset-off, counterclaim or other defense and in accordance with Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement in respect of all payments and application of such payments made by it hereunder and each Secured Party hereby agreeing to comply with and be bound by the provisions of Sections 4.6, 4.7 and 4.11 of the Credit Agreement in respect of all payments and application of payments received by such Secured Party and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each The Guarantor hereby agrees with each the Secured Party as follows:
that (a) Each Guarantor agrees that all payments made hereunder shall be applied upon receipt as set forth in Section 1-7 of the Loan Agreement and (b) all payments made by such the Guarantor hereunder will be made in the currency of the applicable Obligation (except Dollars to the extent provided otherwise in the Credit Agreement) to the Administrative AgentSecured Party, without setoffset-off, counterclaim or other defense (other than payment) and in accordance with Sections 3.01 and 8.03 of the Credit Loan Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in taxes owed by the Credit Agreement)Guarantor, each the Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Loan Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty and Security Agreement by this reference as if set forth herein; provided provided, that references to the “Borrower” or “"Borrowers” " in such Sections shall be deemed to be references to each the Guarantor, and references to “"this Agreement” " in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Guaranty and Security Agreement.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Right Start Inc /Ca)
Payments; Application. Each Subject to the terms, conditions and provisions of the Intercreditor Agreement, each Guarantor hereby agrees with each Secured Party as followsfollows to the extent permitted by applicable law:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoffset-off, counterclaim or other defense (other than the defense of payment or performance) and in accordance with Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall also be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 4.7 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except euros to the extent provided otherwise in the Credit Agreement) to the French Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 Section 2.17 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 Section 2.17 of the Table of Contents Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the any “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” or “hereunder” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt to the Secured Obligations as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoffset-off, counterclaim or other defense and in accordance with Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, however, that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt receipt, as set forth in Section 8.03 4.7 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party Lender as follows:
(a) : Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Guaranteed Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that that, references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) . All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (New York Times Co)
Payments; Application. Each Guarantor hereby agrees with each Secured Party as followsthat:
(a) Each Guarantor agrees that SECTION 12.7.1. all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoffset-off, counterclaim or other defense and in accordance with Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.; and
(b) All SECTION 12.7.2. all payments made hereunder shall be applied upon receipt as set forth in Section 8.03 4.7 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) : Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoffset‑off, counterclaim or other defense and in accordance with Sections 3.01 3.7 and 8.03 3.10 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 3.7 and 8.03 3.10 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement), each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Lender Party as follows:
(a) Each Guarantor agrees that all All payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Lender Party as follows:
(a) Each Guarantor agrees that all All payments made by such Guarantor hereunder will be made in the currency of the Dollars or other applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Alternative Currency to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Subsidiary Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Subsidiary Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Loan Party as followsfollows to the extent permitted by applicable law:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoffset-off, counterclaim or other defense (other than the defense of payment or performance) and in accordance with Sections 3.01 4.3 and 8.03 4.4 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 4.3 and 8.03 4.4 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall also be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 4.4 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each The Guarantor hereby agrees with each Secured Party as follows:that
(a) Each Guarantor agrees that all payments made by such the Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoffset-off, counterclaim or other defense and in accordance with Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in Taxes, the Credit Agreement), each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each the Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.; and
(b) All all payments made hereunder shall be applied upon receipt as set forth in Section 8.03 4.7 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each The Guarantor hereby agrees with each Secured Party Lender as follows:
(a) Each The Guarantor agrees that all payments made by such the Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 2.11 and 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in Taxes, the Credit Agreement), each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 2.11 and 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the “"Borrower” or “Borrowers” " in such Sections shall be deemed to be references to each the Guarantor, and references to “"this Agreement” " in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied by the Administrative Agent upon receipt as set forth provided in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Fidelity National Financial Inc /De/)
Payments; Application. Each Guarantor The Company hereby agrees with each Secured Party as follows:: Company Guaranty
(a) Each Guarantor The Company agrees that all payments made by such Guarantor the Company hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in Taxes, the Credit Agreement), each Guarantor Company hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” "this Agreement" in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be -------- references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as followsfollows to the extent permitted by applicable law:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Currency to the Administrative Agent, without setoffset-off, counterclaim or other defense (other than the defense of payment or performance) and in accordance with Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 4.6 and 8.03 4.7 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall also be deemed to be references to each Subsidiary Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 4.7 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each The Guarantor hereby agrees with each the Secured Party as follows:
that (a) Each Guarantor agrees that all payments made hereunder shall be applied upon receipt as set forth in Section 2.4(b) of the Loan Agreement and (b) all payments made by such the Guarantor hereunder will be made in the currency of the applicable Obligation (except Dollars to the extent provided otherwise in the Credit Agreement) to the Administrative AgentSecured Party, without setoffset-off, counterclaim or other defense (other than payment) and in accordance with Sections 3.01 and 8.03 of the Credit Loan Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in taxes owed by the Credit Agreement)Guarantor, each the Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Loan Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty Agreement by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each the Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party Lender as follows:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 2.11 and 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 2.11 and 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the “"Borrower” or “Borrowers” " in such Sections shall be deemed to be references to each Guarantor, and references to “"this Agreement” " in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied by the Administrative Agent upon receipt as set forth provided in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Fidelity National Financial Inc /De/)
Payments; Application. Each Guarantor hereby agrees with each Secured Party as followsthat:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except Dollars to the extent provided otherwise in the Credit Agreement) to the Administrative AgentLender, without setoffset-off, counterclaim or other defense and in accordance with Sections 3.01 2.15 and 8.03 2.16 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 2.15 and 8.03 2.16 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.; and
(b) All all payments made hereunder shall be applied upon receipt as set forth in Section 8.03 2.16 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all : All payments made by such Guarantor hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) Dollars to the Administrative Agent, without setoffset-off, counterclaim or other defense and in accordance with Sections 3.01 3.10 and 8.03 3.11 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided unless otherwise specified in the Credit Agreement), each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 3.10 and 8.03 3.11 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided provided, that references to the “any "Borrower” or “Borrowers” " in such Sections shall be deemed to be references to each Guarantor, and references to “"this Agreement” in such Sections " shall be deemed to be references to this Guaranty.
(b) . All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 3.10 of the Credit Agreement.
Appears in 1 contract
Payments; Application. Each Guarantor hereby agrees with each Secured Lender Party as follows:
(a) Each Guarantor agrees that all payments made by such Guarantor hereunder will be made in Euro or the currency Euro Equivalent of the applicable Obligation (except to Alternative Currency in which the extent provided otherwise in the Credit Agreement) Guaranteed Obligations are denominated to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 2.12 and 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in the Credit Agreement)Taxes, each Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 2.12 and 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.; and
(b) All that all payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Sources: Parent Guaranty (Amerigon Inc)
Payments; Application. Each Guarantor hereby agrees with each Secured Party as follows:
(a) Each Guarantor agrees that all payments made by obligations of such Guarantor hereunder will shall be made paid solely in the currency of the applicable Obligation (except Dollars to the extent provided otherwise Bank in the Credit Agreement) to the Administrative Agentimmediately available funds, without setoffset-off, counterclaim or other defense and in accordance with Sections 3.01 2.2(e), 2.3(d), 2.3(f), 2.7, 2.8 and 8.03 2.9 of the Credit Loan Agreement, free and clear of and without deduction for any Taxes and all present or future taxes, levies, imposts, duties, deductions, withholdings, assessments, fees or other charges imposed by any Governmental Authority (except as provided otherwise in the Credit Agreementincluding any interest, additions to tax or penalties applicable thereto), each such Guarantor hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 2.2(e), 2.3(d), 2.3(f), 2.7, 2.8 and 8.03 2.9 of the Credit Loan Agreement in respect of all payments and application of such payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty Guarantee by this reference as if set forth herein; provided provided, that references to the “Borrower” or “Borrowers” in such Sections shall be deemed to be references to each such Guarantor, and references to “this Agreement” in such Sections shall be deemed to be references to this GuarantyGuarantee.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Sources: Guarantee and Pledge Agreement (New Age Beverages Corp)
Payments; Application. Each Guarantor The Company hereby agrees with each Secured Party Lender as follows:
(a) Each Guarantor The Company agrees that all payments made by such Guarantor the Company hereunder will be made in the currency of the applicable Obligation (except to the extent provided otherwise in the Credit Agreement) to the Administrative Agent, without setoff, counterclaim or other defense and in accordance with Sections 3.01 and 8.03 of the Credit Agreement, free and clear of and without deduction for any Taxes (except as provided otherwise in Taxes, the Credit Agreement), each Guarantor Company hereby agrees agreeing to comply with and be bound by the provisions of Sections 3.01 and 8.03 of the Credit Agreement in respect of all payments made by it hereunder and the provisions of which Sections are hereby incorporated into and made a part of this Guaranty by this reference as if set forth herein; provided that references to the “Borrower” or “BorrowersCompany” in such Sections shall be deemed to be references to each Guarantorthe Company, and references to “this Agreement” in such Sections shall be deemed to be references to this Guaranty.
(b) All payments made hereunder shall be applied upon receipt as set forth in Section 8.03 of the Credit Agreement.
Appears in 1 contract
Sources: Credit Agreement (Adobe Inc.)