Common use of Additional and Independent Obligations Clause in Contracts

Additional and Independent Obligations. Guarantor's obligations under this guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by Xxxxxx. Guarantor's obligations under this guaranty are independent of those of the Borrower. Lender may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person or any security that Lender may hold, and without pursuing any other remedy. The rights of Lender under this guaranty shall not be exhausted by any action by Xxxxxx until the Guaranteed Obligations have been paid and performed in full.

Appears in 2 contracts

Samples: Farmland Partners Inc., Farmland Partners Inc.

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Additional and Independent Obligations. Guarantor's obligations under this guaranty Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxBank. Guarantor's obligations under this guaranty Guaranty are independent of those of Borrower on the BorrowerLoan. Lender Bank may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person or any security that Lender Bank may hold, and without pursuing any other remedy. The Bank's rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx Bank until the Guaranteed Obligations have Loan has been paid and performed in full.

Appears in 2 contracts

Samples: Payment Guaranty (Historic Preservation Properties 1989 Limited Partnership), Payment Guaranty (Historic Preservation Properties 1989 Limited Partnership)

Additional and Independent Obligations. Guarantor's obligations under this guaranty Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxAgent and consented to by the Banks. Guarantor's obligations under this guaranty Guaranty are independent of those of Company on the BorrowerFacility. Lender Agent or the Banks may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the BorrowerCompany, any other person or any security that Lender Agent or any Bank may hold, and without pursuing any other remedy. The None of Agent's or any Bank's rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx Agent or any Bank until the Guaranteed Obligations have Facility has been paid and performed in fullfull in cash.

Appears in 2 contracts

Samples: Payment Guaranty (Apartment Investment & Management Co), Payment Guaranty (Apartment Investment & Management Co)

Additional and Independent Obligations. Guarantor's obligations under -------------------------------------- this guaranty Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxBank. Guarantor's obligations under this guaranty Guaranty are independent of those of Borrower on the BorrowerLoan. Lender Bank may bring a separate action, action or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person or any security that Lender Bank may hold, and without pursuing any other remedy. The Bank's rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx Bank until the Guaranteed Obligations have Loan has been paid and performed in full.

Appears in 1 contract

Samples: Trex Co Inc

Additional and Independent Obligations. Guarantor's obligations under this guaranty Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxLender. Guarantor's obligations under this guaranty Guaranty are independent of those of Borrower on the BorrowerGuarantied Obligations. Lender may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person or any security that Lender may hold, and without pursuing any other remedy. The Lender's rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx Lender until the Guaranteed Guarantied Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Commercial Guaranty (Greenkraft, Inc.)

Additional and Independent Obligations. Guarantor's obligations under this guaranty Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxAgent. Guarantor's obligations under this guaranty Guaranty are independent of those of Borrower under the BorrowerCredit Agreement. Lender Agent may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person or any security that Lender Agent or Lenders may hold, and without pursuing any other remedy. The Agent and Lender's rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx Agent until the Guaranteed Loan Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Credit Agreement (Northwest Pipe Co)

Additional and Independent Obligations. Guarantor's obligations under this guaranty Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxBank. Guarantor's obligations under this guaranty Guaranty are independent of those of Borrowers on the BorrowerLoan. Lender Bank may bring a separate action, or commence a separate reference or arbitration proceeding action against Guarantor without first proceeding against the BorrowerBorrowers, any other person or any security that Lender Bank may hold, and without pursuing any other remedy. The Bank's rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx Bank until all of the Guaranteed Loan Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Arlen Corp

Additional and Independent Obligations. Each Guarantor's obligations obligation under this guaranty Guaranty are in addition to its obligations under any other existing or future guarantiesguaranties to Bank, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxBank. Each Guarantor's obligations under this guaranty Guaranty are independent of those of Borrower on the BorrowerLoan. Lender Bank may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor or any of them without first proceeding against the Borrower, any other person or any security that Lender Bank may hold, and without pursuing any other remedy. The Bank's rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx Bank until the Guaranteed Obligations have Loan has been paid and performed in full.

Appears in 1 contract

Samples: Newmark Homes Corp

Additional and Independent Obligations. Guarantor's obligations under this guaranty Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by Xxxxxxthe beneficiary of such other guaranty or guaranties. Guarantor's obligations under this guaranty Guaranty are independent of those of Borrower on the BorrowerGuaranteed Obligations. The Lender may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person or any security that the Lender may hold, and without pursuing any other remedy. The Lender's rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx the Lender until the Guaranteed Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

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Additional and Independent Obligations. Guarantor's obligations under this guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxLender. Guarantor's obligations under this guaranty are independent of those of the Borrower. Lender may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person Person or any security that Lender may hold, and without pursuing any other remedy. The rights of Lender under this guaranty shall not be exhausted by any action by Xxxxxx Lender until the Guaranteed Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Owens Realty Mortgage, Inc.

Additional and Independent Obligations. Guarantor's obligations -------------------------------------- under this guaranty Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxBank. Guarantor's obligations under this guaranty Guaranty are independent of those of Borrower on the BorrowerLoan. Lender Bank may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person or any security that Lender Bank may hold, and without pursuing any other remedy. The Bank's rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx Bank until the Guaranteed Obligations have Loan has been paid and performed in full.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Essex Property Trust Inc)

Additional and Independent Obligations. Guarantor's obligations under this guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxLxxxxx. Guarantor's obligations under this guaranty are independent of those of the Borrower. Lender may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person or any security that Lender may hold, and without pursuing any other remedy. The rights of Lender under this guaranty shall not be exhausted by any action by Xxxxxx Lxxxxx until the Guaranteed Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Farmland Partners Inc.

Additional and Independent Obligations. Guarantor's ’s obligations under this guaranty Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by Xxxxxxthe Lender. Guarantor's ’s obligations under this guaranty Guaranty are independent of those of Borrower on the BorrowerLoan. The Lender may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person or any security that the Lender may hold, and without pursuing any other remedy. The Lender’s rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx the Lender until the Guaranteed Obligations have Loan has been paid and performed in full.

Appears in 1 contract

Samples: General Guaranty and Indemnity Agreement (CMR Mortgage Fund II, LLC)

Additional and Independent Obligations. Guarantor's obligations under -------------------------------------- this guaranty Guaranty are in addition to its obligations under any other existing or future guaranties, each of which shall remain in full force and effect until it is expressly modified or released in a writing signed by XxxxxxBank. Guarantor's obligations under this guaranty Guaranty are independent of those of Borrower on the BorrowerLoan. Lender Bank may bring a separate action, or commence a separate reference or arbitration proceeding against Guarantor without first proceeding against the Borrower, any other person or any security that Lender Bank may hold, and without pursuing any other remedy. The Bank's rights of Lender under this guaranty Guaranty shall not be exhausted by any action by Xxxxxx Bank until the Guaranteed Obligations have Loan has been paid and performed in full.

Appears in 1 contract

Samples: Credit Loan Agreement (Bre Properties Inc /Md/)

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