Common use of Absolute Guarantee Clause in Contracts

Absolute Guarantee. The Guarantor's obligations under this Guarantee shall not be affected by the genuineness, validity, regularity, or enforceability of the Obligations or of any instrument evidencing the Obligations, or by the existence, validity, enforceability, perfection, or extent of any collateral for the Obligations, or by any other circumstances relating to the Obligations which might otherwise constitute a discharge of or defense to this Guarantee. The Lender makes no representation or warranty to the Guarantor regarding such matters, and has no duty or responsibility to disclose to the Guarantor any circumstances that may now or hereafter affect such matters. The Lender shall not be obligated to file any claim relating to the Obligations if the Borrower becomes subject to a bankruptcy, reorganization, or similar proceeding, and the failure of the Lender so to file shall not affect the Guarantor's obligations hereunder. If any payment by the Borrower to the 62 Lender on account of the Obligations is rescinded or must otherwise be returned for any reason whatsoever, the Guarantor shall remain liable hereunder for such Obligations as if such payment had not been made. The Guarantor's obligations under this Guarantee constitute a guarantee of payment and not of collection.

Appears in 1 contract

Sources: Loan and Security Agreement (Dvi Inc)

Absolute Guarantee. The Guarantor's obligations under this Guarantee shall not be affected by the genuineness, validity, regularity, or enforceability of the Obligations or of any instrument evidencing the Obligations, or by the existence, validity, enforceability, perfection, or extent of any collateral for the Obligations, or by any other circumstances circumstance relating to the Obligations which might otherwise constitute a discharge of or defense to this Guarantee. The Lender makes no representation or warranty to the Guarantor regarding such matters, and has no duty or responsibility to disclose to the Guarantor any circumstances that may now or hereafter affect such matters. The Lender shall not be obligated to file any claim relating to the Obligations if the Borrower becomes subject to a bankruptcy, reorganization, or similar proceeding, and the failure of the Lender so to file shall not affect the Guarantor's obligations hereunder. If any payment by the Borrower to the 62 Lender on account of the Obligations is rescinded or must otherwise be returned for any reason whatsoever, the Guarantor shall remain liable hereunder for such Obligations as if such payment had not been made. The Guarantor's obligations under this Guarantee constitute a guarantee of payment and not of collection.

Appears in 1 contract

Sources: Interim Loan and Security Agreement (Aames Financial Corp/De)