Common use of Guarantee of Payment; Continuing Guarantee Clause in Contracts

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, any other party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Sources: Amendment and Restatement Agreement (Limited Brands Inc), Amendment and Restatement Agreement (Limited Brands Inc)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or of collection of any of the Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of any of the Secured Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of the Secured Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Sources: Guarantee Agreement (Gogo Inc.), Term Guarantee Agreement (Builders FirstSource, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrowerany Borrowers, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of the Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Sources: Credit Agreement (Verisign Inc/Ca), Guarantee Agreement (Verisign Inc/Ca)

Guarantee of Payment; Continuing Guarantee. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party Lender to any security held for the payment of any of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party Lender in favor of the Borrower, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Sources: Loan Agreement (TripAdvisor, Inc.), Loan Agreement (Liberty TripAdvisor Holdings, Inc.)

Guarantee of Payment; Continuing Guarantee. Each The Guarantor further agrees that its guarantee Guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent Sellers’ Representative or any other Secured Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, any other party, or any other PersonObligations. Each The Guarantor agrees that its guarantee Guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Sources: Guarantee and Collateral Agreement (Knowles Corp), Purchase and Sale Agreement (Knowles Corp)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of any of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the BorrowerCompany, any other partyLoan Party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Sources: Guarantee and Collateral Agreement (NCR Corp), Credit Agreement (NCR Corp)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the Borrower, any other party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 2 contracts

Sources: Guarantee Agreement (Belo Corp), Guarantee Agreement (Belo Corp)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Guarantee Party to any security held for the payment of any of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Guaranteed Party in favor of the Borrower, any other party, Note Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of its Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Guarantee Agreement (Vacasa, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrowerany Borrowers, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of the Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Credit Agreement (Verisign Inc/Ca)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual or collection of any of the Guaranteed Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Guaranteed Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Guaranteed Party in favor of the Borrower, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of the Guaranteed Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Revolving Credit Agreement (Hess Midstream Partners LP)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party Lender to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party Lender in favor of the BorrowerCompany, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Credit Agreement (Olin Corp)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Secured Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower, any other partyLoan Party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Secured Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Credit Agreement (Shutterfly Inc)

Guarantee of Payment; Continuing Guarantee. Each Guarantor of the Guarantors further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, any other party, Loan Party or any other Person. Each Guarantor of the Guarantors agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Guarantee Agreement (Level 3 Communications Inc)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or of collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of any of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all of the Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Abl Guarantee Agreement (Builders FirstSource, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the BorrowerCompany, any other party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (L Brands, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Loan Document Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Loan Document Obligations or to any balance of any deposit account Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, any other party, Loan Party or any other Personperson. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Loan Document Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Second Lien Guarantee and Collateral Agreement (Pacific Energy Resources LTD)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any deposit account Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, any other party, Loan Party or any other Personperson. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: First Lien Guarantee and Collateral Agreement (Pacific Energy Resources LTD)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Creditor Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Creditor Party in favor of the any Borrower, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Credit Agreement (Americold Realty Trust)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment or performance of the Obligations or to any balance of any deposit account Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Guarantee and Collateral Agreement (Rentech Inc /Co/)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any deposit account Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Guarantee and Collateral Agreement (Rentech Inc /Co/)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Secured Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any security held for the payment of the Secured Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the any Borrower, any other partyLoan Party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Secured Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Credit Agreement (Murphy USA Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy bankruptcy, insolvency, receivership or other similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Creditor Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Creditor Party in favor of the Borrower, any other party, Loan Party or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Credit Agreement (Americold Realty Trust)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any deposit account Deposit Account or credit on the books of the Collateral Agent or any other Secured Party in favor of the Borrower, any other party, Loan Party or any other Personperson. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.

Appears in 1 contract

Sources: Guarantee and Collateral Agreement (Rentech Inc /Co/)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Administrative Agent or any other Secured Party to any of the security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Administrative Agent or any other Secured Party in favor of the Borrower, any other party, Borrower or any other Person. Each Subject to Section 11.8, each Guarantor further agrees that its guarantee hereunder is a continuing in nature and applies to all Obligations, whether currently existing or hereafter incurredguarantee of the Obligations whenever arising.

Appears in 1 contract

Sources: Amendment Agreement (GCI Liberty, Inc.)

Guarantee of Payment; Continuing Guarantee. Each Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due (whether or not any bankruptcy or similar proceeding shall have stayed the accrual or collection of any of the Obligations or operated as a discharge thereof) and not merely of collection, and waives any right to require that any resort be had by the Collateral Agent or any other Secured Party to any security held for the payment of the Obligations or to any balance of any deposit account or credit on the books of the Collateral Agent or any other Secured Party in favor of the BorrowerCompany, any other party, or any other Person. Each Guarantor agrees that its guarantee hereunder is continuing in nature and applies to all Obligations, whether currently existing or hereafter incurred.. [[NYCORP:3477056v9:3104W: 07/18/2014--12:20 AM]]

Appears in 1 contract

Sources: Amendment and Restatement Agreement (L Brands, Inc.)