Guaranteed Obligation. Means: (a) All principal, interest, attorneys' fees, commitment fees, liabilities for costs and expenses and other indebtedness, obligations and liabilities of Borrower to Lender at any time created or arising in connection with the Loan Agreement, or any amendment thereto or substitution therefor, including but not limited to all indebtedness, obligations and liabilities of Borrower to Lender arising under that certain promissory note dated of even date herewith in the original
... principal amount of Thirty Five Million Nine Hundred and Eighty Eight Thousand and No/100 Dollars ($35,988,000.00), executed by Borrower and payable to Lender (the "NOTE") and under any renewals, modifications, increases and extensions of the Note (collectively, the "GUARANTEED NOTES"); (b) All liabilities of Borrower for future advances, extensions of credit, sales on account or other value at any time given or made by Lender to Borrower in connection with the Loan Agreement and Guaranteed Notes, whether or not the advances, credit or value are given pursuant to a commitment; (c) Any and all other indebtedness, liabilities, obligations and duties of every kind and character of Borrower to Lender arising in connection with the Loan Agreement and Guaranteed Notes, whether now or hereafter existing or arising, whether arising prior to or subsequent to any filing of any bankruptcy or similar proceeding filed by or against Borrower, (and including any "debtor-in-possession" and post-petition financing under any bankruptcy proceeding), regardless of whether such present or future indebtedness, liabilities, obligations or duties be direct or indirect, primary or secondary, joint, several, or joint and several, fixed or contingent, and regardless of whether such present or future indebtedness, liabilities, obligations or duties may, prior to their acquisition by Lender, be or have been payable to, or be or have been in favor of, some other person or have been acquired by Lender in any transaction with one other than Borrower and regardless of whether Borrower shall ever cease to be liable to Lender for any such present or future indebtedness, liabilities, obligations, and duties (except by reason of the indefeasible payment in full thereof by Borrower); together with any and all renewals, extensions, modifications and increases of such indebtedness, liabilities, obligations and duties, or any part thereof; and (d) All reasonable costs, expenses and fees, including but not limited to court costs and reasonable attorneys' fees, arising in connection with the collection of any or all amounts, indebtedness, obligations and liabilities of Borrower to Lender described in items (a) through (c) above.
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Guaranteed Obligation. Means any and all existing and future indebtedness and liabilities of every kind, nature, and character, direct or indirect, absolute or contingent, liquidated or unliquidated, voluntary or involuntary, of Borrowers to the Lender arising under the Credit Agreement and the other Loan Documents, including the Obligations as defined in the Credit Agreement and any premium and all interest (including, without limitation, interest accruing before and after maturity, before and after an Event of
... Default, and during the pendency of any bankruptcy, receivership insolvency or other similar proceeding under any applicable Debtor Relief Law (regardless whether such interest is allowed in such proceeding)), and any and all costs, attorney and paralegal fees and expenses reasonably incurred by the Lender (a) in connection with any waiver, amendment, consent or default under the Loan Documents, or (b) to enforce Borrowers', Guarantor's, or any other obligor's payment of any portion of the Guaranteed Obligation.
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