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.
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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; hereafter, (ii) all accrued but unpaid interest on any of the indebtedness owing under the instrument described in (i) above; above, (iii) all obligations and other indebtedness of Borrower to Lender under any documents documents, instruments and/or agreements evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above (collectively, the "Loan Documents"); 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; fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) (iii), and (iv) above.
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Guaranteed Indebtedness.
(i) means (a) all indebtedness, obligations and liabilities of Borrower to
Lender Bank 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 acquisition by
Lender, Bank, be or have been payable to or in favor of a third party and subsequently acquired by
... class="diff-color-red">Lender Bank (it being contemplated that Lender Bank may make such acquisitions from third parties), including including, without limitation limitation, all principal indebtedness owing by indebtedness, obligations and liabilities of Borrower to Lender Bank now existing or hereafter arising under by note, draft, acceptance, guaranty, endorsement, lease, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or evidenced by that one certain Revolving Promissory Note dated as of December 19, 2008 executed by Borrower and payable otherwise, including, without limitation, all amounts owing pursuant to the order of Lender, in the original principal amount of $4,000,000.00; (ii) Promissory Note, (b) all accrued but unpaid interest on any of the indebtedness described in (i) above; (iii) (a) above, and including any and all pre-and post-maturity interest thereon, including, without limitation, post-petition interest and expenses (including attorneys' fees), if Borrower is the debtor in a bankruptcy proceeding under the Debtor Relief Laws, whether or not allowed under any Debtor Relief Law, (c) all obligations of Borrower and other Persons to Lender Bank under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) (a) and (ii) (b) above (collectively, the "Loan Documents"); (iv) Documents," which shall include this Guaranty), (d) all costs and expenses incurred by Lender Bank in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) (a), (b) and (iii) (c) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including including, without limitation limitation, all reasonable attorneys' fees; fees, and (v) (e) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) (a), (b), (c) and (iv) (d) above.
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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 that certain Construction Loan Agreement of even date herewith between Lender and Borrower (the "Loan Agreement") or evidenced by that one certain Revolving Promissory Note dated as of December 19, 2008 even date herewith, in the original principal amount of Thirty-One Million Six Hundred Fifty Thousand and No/100 Dollars ($31,650,000.00), executed by Borrower and payable to the order of Lender, in the original principal amount of $4,000,000.00; Lender and , (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above; 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"); 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; fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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Guaranteed Indebtedness.
(i) means (a) all indebtedness, obligations and liabilities of Borrower to
Lender Bank 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, Bank, be or have been payable to or in favor of a third party and subsequently acquired by
Lender Bank (it
... being contemplated that Lender Bank may make such acquisitions from third parties), including including, without limitation limitation, all principal indebtedness owing by indebtedness, obligations and liabilities of Borrower to Lender Bank now existing or hereafter arising under by note, draft, acceptance, guaranty, endorsement, lease, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement 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) otherwise, (b) all accrued but unpaid interest on any of the indebtedness described in (i) above; (iii) (a) above, and including any and all pre-and post-maturity interest thereon, including, without limitation, post-petition interest and expenses (including attorneys' fees), if Borrower is the debtor in a bankruptcy proceeding under the Debtor Relief Laws, whether or not allowed under any Debtor Relief Law, (c) all obligations incurred by Borrower under any agreement between Borrower and Bank or any affiliate of Bank, including but not limited to an ISDA Master Agreement, whether now existing or hereafter executed, which provides for an interest rate, currency, equity, credit or commodity swap, cap, floor or collar, spot or foreign currency exchange transaction, cross currency rate swap, currency option, any combination of, or option with respect to, any of the foregoing or similar transactions, for the purpose of hedging the Borrower's exposure to fluctuations in interest rates, currency, stock, portfolio or loan valuations or commodity prices (each a "Hedge Agreement"); (d) all obligations of Borrower and oth er Persons to Lender Bank under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) (a), (b) and (ii) (c) above (collectively, the "Loan Documents"); (iv) Documents," which shall include this Guaranty), (e) all reasonable costs and expenses incurred by Lender Bank in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) (a), (b), (c) and (iii) (d) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including including, without limitation limitation, all reasonable attorneys' fees; fees, and (v) (f) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) (a), (b), (c), (d) and (iv) (e) above. UNLIMITED GUARANTY Page 1
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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 (the "Note") dated as June 12, 2003 in the original principal amount of December 19, 2008 $4,300,000.00, executed by Borrower and payable to the order of Lender, in the original principal amount all indebtedness, obligations and liabilities of $4,000,000.00; Borrower to Lender now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, (ii) all accrued but unpaid interest on of any of the indebtedness described in (i) above; 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; fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), and (iii) and (iv) above.
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Guaranteed Indebtedness. (i) all indebtedness, obligations and liabilities of Borrower to
Lender Bank of any kind or
character, 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 acquisition by
Lender, Bank, be or have been payable to or in favor of a third party and subsequently acquired by
... class="diff-color-red">Lender Bank (it being contemplated that Lender Bank may make such acquisitions from third parties), arising from those certain promissory notes dated July 12, 2000 in the aggregate principal amount of $15,000,000.00 from Borrower and Frank's Fuels, Inc. originally payable to the order of New West Resources, Inc., (the "Original Promissory Notes") as assigned, modified and endorsed over to Bank, and including without limitation all principal indebtedness owing by indebtedness, obligations and liabilities of Borrower to Lender Bank now existing or hereafter arising under by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or evidenced by that one certain Revolving Promissory Note dated as of December 19, 2008 executed by Borrower and payable otherwise with regard to the order of Lender, in the original principal amount of $4,000,000.00; Original Promissory Notes, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above; (iii) all obligations of Borrower to Lender Bank 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"); above, (iv) all costs and expenses incurred by Lender Bank 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; fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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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 (a) that one certain Revolving Promissory Note dated as (the "Revolving Note") of December 19, 2008 even date herewith in the original principal amount of $500,000.00, executed by Borrower and payable to the order of Lender and (b) that one certain Promissory Note (the "Term Note") of even date herewith in the original principal amount of $3,500,000.00, executed by Borrower and payable to the order of Lender, in the original principal amount all indebtedness, obligations and liabilities of $4,000,000.00; Borrower to Lender now existing or hereafter arising 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; 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"); ---- Documents"), - --------- 1 (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; fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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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 December 19, 2008 even date herewith, executed by Borrower and payable to the order of Lender, in the original principal amount of $4,000,000.00; $5,000,000.00, (2) that one certain Revolving Promissory Note dated of even date herewith, executed by Borrower and payable to the order of Lender, in the original principal amount of $2,000,000.00, and (3) that one certain Term Note dated of even date herewith, executed by Borrower and payable to the order of Lender, in the original principal amount of $775,000.00; (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.
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Guaranteed Indebtedness.
The term "Guaranteed Indebtedness" shall mean (i) all indebtedness, obligations and liabilities of Borrower to
Lender Bank of any kind or character, now existing or hereafter
arising, arising under the Loan Agreement and Loan Documents, 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, Bank, be or have
... been payable to or in favor of a third party and subsequently acquired by Lender Bank (it being contemplated that Lender Bank may make such acquisitions from third parties), including without limitation all principal indebtedness owing by indebtedness, obligations and liabilities of Borrower to Lender Bank now existing or hereafter arising under by note, draft, acceptance, guaranty, endorsement, lease, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement 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; otherwise, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above; above, (iii) all obligations of Borrower to Lender Bank 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"); above, (iv) all costs and expenses incurred by Lender Bank 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; fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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Guaranteed Indebtedness.
shall mean (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 July 28, 2005, in the original principal amount of December 19, 2008 $300,000.00, executed by Borrower and payable to the order of Lender, in the original principal amount of $4,000,000.00; Lender and, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above; 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"); 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; fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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