Guaranteed Indebtedness

Guaranteed Indebtedness. (i) all indebtedness, obligations and liabilities of Borrower to Lender of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisitions by Lender, be or have been payable to or in favor of a third party and subsequently acquired by Lender (it being contemplated that... Lender may make such acquisitions from third parties), including without limitation all principal indebtedness owing by Borrower to Lender now existing or hereafter arising under or evidenced by that one certain Revolving Promissory Note dated as of December 19, 2008 executed by Borrower and payable to the order of Lender, in the original principal amount of $4,000,000.00; (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above; (iii) all obligations of Borrower to Lender under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above (collectively, the "Loan Documents"); (iv) all costs and expenses incurred by Lender in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees; and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above. View More

Guaranteed Indebtedness. Shall mean (i) all indebtedness, obligations and liabilities of Borrower arising under the Credit Agreement and other Loan Documents (as defined in the Credit Agreement) to the Bank(s), the LC Issuer and/or the Agent of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such... indebtedness, obligations and liabilities may, prior to their acquisitions by the Bank(s), the LC Issuer and/or the Agent, respectively, be or have been payable to or in favor of a third party and subsequently acquired by the Bank(s), the LC Issuer and/or the Agent (it being contemplated that the Bank(s), the LC Issuer and/or the Agent may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower to the Bank(s), the LC Issuer and/or the Agent now existing or hereafter arising under the Loan Documents by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all costs and expenses incurred by the Bank(s), the LC Issuer and/or the Agent in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (iv) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii) and (iii) above. View More

Guaranteed Indebtedness. (i) all indebtedness, obligations and liabilities of Borrower to Lenders, now existing or hereafter arising under or evidenced by the Loan Agreement, the Notes, the other Loan Documents, and all other indebtedness, obligations and liabilities of Borrower to Lenders arising under the Loan Documents or in connection with the Loan, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all indebtedness of... Borrower owing to Lenders under any ISDA Master Agreement now or hereafter executed between Borrower and Agent and/or the Lenders and any other interest rate agreements, interest rate swap agreements, interest rate caps, collars or similar agreements or any rate management agreements entered into between Borrower and Agent and/or the Lenders, (iv) all obligations of Borrower to Agent and the Lenders under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i), (ii) and (iii) above (collectively, the "LOAN DOCUMENTS"), (v) all costs and expenses incurred by Agent and Lenders in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (vi) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii), (iv) and (v) above. GUARANTY - PAGE 1 2 View More

Guaranteed Indebtedness. (i) all Obligations now or hereafter existing of Borrower and each other Obligor under the Credit Agreement, (ii) all obligations of Borrower and each other Obligor under each other Loan Document, (iii) all other indebtedness, obligations and liabilities of Borrower and each other Obligor to Lender of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated,... unliquidated, joint, several or joint and several (excluding only indebtedness originally payable to or in favor of a Person other than Lender and subsequently acquired by Lender), and all indebtedness, obligations and liabilities of Borrower and each other Obligor to Lender now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, (iv) all accrued but unpaid interest (including all interest that would accrue but for the existence of a proceeding under any Debtor Relief Laws) on any of the indebtedness described in this definition of "Guaranteed Indebtedness", (v) all costs and expenses incurred by Lender in connection with the collection and administration of all or any part of the indebtedness and obligations described in this definition of "Guaranteed Indebtedness" or the protection or preservation of, or realization upon, the Collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (vi) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in this definition of "Guaranteed Indebtedness." View More

Guaranteed Indebtedness. (i) all indebtedness, obligations and liabilities of Borrower to Lender of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisitions by Lender, be or have been payable to or in favor of a third party and subsequently acquired by Lender (it being contemplated that... Lender may make such acquisitions from third parties), including without limitation all principal indebtedness owing by Borrower to Lender now existing or hereafter arising under or evidenced by (1) that one certain Revolving Promissory Note dated as of February 9, 2006, to be effective as of February 10, 2006, executed by Borrower and payable to the order of Lender, in the original principal amount of $3,000,000.00, (2) that one certain Revolving Promissory Note dated as of February 9, 2006, to be effective as of February 10, 2006, executed by Borrower and payable to the order of Lender, in the original principal amount of $4,000,000.00, (3) that one certain Term Note dated as of February 9, 2006, to be effective as of February 10, 2006, executed by Borrower and payable to the order of Lender, in the original principal amount of $1,200,000, (4) that one certain Term Note dated as of February 9, 2006, to be effective as of February 10, 2006, executed by Borrower and payable to the order of Lender, in the original principal amount of $875,000, and (5) that one certain Term Note dated as of May 30, 2003, executed by Borrower and payable to the order of Lender, in the original principal amount of $775,000; FIRST AMENDED AND RESTATED GUARANTY AGREEMENT (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above; (iii) all obligations of Borrower to Lender under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above (collectively, the "Loan Documents"); (iv) all costs and expenses incurred by Lender in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees; and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above. View More

Guaranteed Indebtedness. All "Obligations" as defined in the Credit Agreement