Example ContractsClausesRelease of Guarantors
Release of Guarantors
Release of Guarantors contract clause examples

The Guarantors, and the guarantees provided in this Article IV, shall be released in the circumstances contemplated by [Section 10.10] of this Agreement.

Release of Guarantors. Each Guarantor will be released from all liability hereunder concurrently with the indefeasible repayment in full of all amounts owed under the Note.

The Guarantors, and the guarantees provided in this Article IV, shall be released in the circumstances contemplated by Section 10.10 of this Agreement.

. If, in compliance with the terms and provisions of the Loan Documents, # all of the Capital Stock of any Guarantor is sold or otherwise transferred (a “Transferred Guarantor”) to a Person or Persons, none of which is Borrower or a Restricted Subsidiary or # such Guarantor becomes an Excluded Subsidiary, then such Transferred Guarantor or Excluded Subsidiary shall, upon the consummation of such sale or transfer, or if the Transferred Guarantor would qualify as an Excluded Subsidiary upon the consummation of such sale or transfer, upon becoming an Excluded Subsidiary, as applicable, be released from its obligations under this Agreement (including under [Section 11.5] hereof) and its obligations to pledge and grant any Collateral owned by it pursuant to any Security Document and the pledge of such Capital Stock of such Transferred Guarantor to the Collateral Agent pursuant to the Security Agreement shall be released, and the Collateral Agent shall take such actions as are necessary to effect each such release in accordance with the relevant provisions of the Security Documents within no more than 30 days from notice to the Collateral Agent of such transfer.

Subsequent Guarantors; Release of Guarantors. (a) Concurrent with such time as any Person shall become obligated under a Guarantee of the credit facilities under the Bank Credit Agreement, the Company will cause such Person to # execute and deliver a Joinder to Multiparty Guaranty, and # deliver to each holder of Notes an opinion of counsel (as to the due organization, valid existence and good standing of such Person; the power and authority and due authorization of such Person to execute, deliver and perform its obligations under each such Transaction Document; and the enforceability against such Person of its obligations under each such Transaction Document) and a certificate accompanying authorizing resolutions and corporate or similar documents of such Person, each of foregoing in form and substance satisfactory to the Required Holders.

Termination; Release of Guarantors. This Guaranty is a continuing and irrevocable guaranty of all Guaranteed Obligations now or hereafter existing and shall remain in full force and effect until # all Guaranteed Obligations and any other amounts payable under this Guaranty are indefeasibly paid and performed in full, and the Commitments of the Lenders under the Loan Agreement are terminated, # with respect to a Guarantor, such Guarantor is released from its obligations under this Guaranty by an instrument in writing signed by the Administrative Agent pursuant to the Loan Agreement as permitted by [Section 9.10] or Section 10.01 of the Loan Agreement or # following the delivery by the Borrower to the Administrative Agent of a certificate stating that after giving effect to the release of the Guarantor, the outstanding principal amount of Priority Debt shall not exceed, the greater of # $500,000,000 and # 15% of Consolidated Net Tangible Assets (and the delivery of such certificate is deemed to be a representation and warranty by the Borrower hereunder of the statements made therein). Upon the Borrower’s compliance with the Section 4(iii), the Administrative Agent shall provide written confirmation of such termination as may be reasonably requested by the Guarantor. Any Guarantor released pursuant to Section 4(ii) or Section 4(iii) is herein referred to as a “Released Guarantor”.

If a Guarantor no longer qualifies as the owner of Unencumbered Properties or becomes an Eligible Subsidiary, then, as long as no Default or Event of Default exists after giving effect to such event, the Lenders agree to release such Guarantor from its obligations hereunder. The Lenders irrevocably authorize the Administrative Agent, upon receipt of a certificate from a Responsible Officer and a legal opinion of counsel regarding the requirements set forth in the first sentence of this Section 11.19, to release any Guarantor from its obligations under the Guaranty. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release any Guarantor from its obligations under the Guaranty pursuant to this Section 11.19.

Release of Guarantors. Each Guarantor will be released from all liability hereunder concurrently with the indefeasible repayment in full of all amounts owed under the Note.

Release of Guarantors. Release the REIT Guarantor from its obligations under the Guaranty Agreement or release all or substantially all of the value of the guarantees of the Guarantors, taken as a whole, except as contemplated by this Agreement, in each case without the consent of all Lenders (other than Defaulting Lenders);

Termination; Release of Guarantors. This Guaranty is a continuing and irrevocable guaranty of all Guaranteed Obligations now or hereafter existing and shall remain in full force and effect until # all Guaranteed Obligations and any other amounts payable under this Guaranty are indefeasibly paid and performed in full, the Commitments of the Lenders under the Credit Agreement are terminated, and all Letters of Credit have expired or been terminated and can no longer be drawn, # with respect to a Guarantor, such Guarantor is released from its obligations under this Guaranty by an instrument in writing signed by the Administrative Agent pursuant to the Credit Agreement as permitted by [Section 9.10] or Section 10.01 of the Credit Agreement or # following the delivery by the Borrower to the Administrative Agent of a certificate stating that after giving effect to the release of the Guarantor, the outstanding principal amount of Priority Debt shall not exceed, the greater of # $500,000,000 and # 15% of Consolidated Net Tangible Assets (and the delivery of such certificate is deemed to be a representation and warranty by the Borrower hereunder of the statements made therein). Upon the Borrower’s compliance with the Section 4(iii), the Administrative Agent shall provide written confirmation of such termination as may be reasonably requested by the Guarantor. Any Guarantor released pursuant to Section 4(ii) or Section 4(iii) is herein referred to as a “Released Guarantor”).

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