Common use of Borrowings and Guaranties Clause in Contracts

Borrowings and Guaranties. The Guarantor shall not, nor shall it permit any of its Subsidiaries to, issue, incur, assume, create or have outstanding any Debt, or be or become liable as endorser, guarantor, surety or otherwise for any Debt, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another Person, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) Debt of the Guarantor under this Agreement; and (b) Obligations and liabilities arising under the Deed of Charge, the Subordination Agreement, the Shareholders Agreement and the Unanimous Shareholders Agreement.

Appears in 3 contracts

Sources: Guaranty Agreement (Mississippi Chemical Corp /MS/), Guaranty Agreement (Mississippi Chemical Corp /MS/), Guaranty Agreement (Mississippi Chemical Corp /MS/)