AMOUNT OF GUARANTY. In consummating the transactions contemplated by the Credit Agreement, Guarantor does not intend to disturb, delay, hinder, or defraud either its present or future creditors. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of Borrower and is familiar with the value of the security and support for the payment and performance of the Guaranteed Debt. Based upon such examination, and taking into account the fairly discounted value of Guarantor's contingent obligations under this Guaranty and the limitation of liability set forth in Section 4 hereof and the value of the subrogation and contribution claims Guarantor could make in connection with this Guaranty, and assuming each of the transaction contemplated by the Credit Agreement is consummated and Borrower makes full use of the credit facilities thereunder, the present realizable fair market value of the assets of Guarantor exceeds the total obligations of Guarantor, and Guarantor is able to realize upon its assets and pay its obligations as such obligations mature in the normal course of business.
AMOUNT OF GUARANTY. This is a guaranty of payment of the Note, including without limitation the principal Note amount of One Hundred Seventy Two Thousand Seven Hundred Twenty Five & 73/100 Dollars (U.S. $172,726.73).
AMOUNT OF GUARANTY. In addition to the amount stated in the Amount of Guaranty section, your guaranty includes all fees and charges associated with any debt you have guaranteed. Your guaranty also includes all costs and expenses of collection, including attorneys' fees, incurred in collecting a debt that is subject to your guaranty or incurred in protecting and enforcing our rights under this Agreement, including attorneys' fees incurred at trial, in any bankruptcy proceedings (including efforts to modify any automatic stay or injunction or to object to any proposed plan), and any appellate proceedings. To the extent not limited elsewhere by this Agreement, your guaranty also includes amounts advanced by the (credit co-operative) in order to perform any obligation of the Borrower under a loan, or credit agreement and/or a security agreement for property given as security for a loan including, but not limited to amounts advanced for the payment of taxes, insurance premiums and other fees. We may sell any property securing a loan and apply the proceeds to any loan secured by that collateral. Amounts applied to a loan do not offset or reduce your guaranty obligations under this Agreement for unpaid amounts remaining.
AMOUNT OF GUARANTY. The guaranty shall be in an amount equal to 150% (one hundred fifty percent) of the estimated cost of all improvements, not including those to be constructed by private utilities. The estimated cost shall be determined as follows. The Developer shall submit for the City Engineer’s approval a cost estimate for each improvement required by this Agreement. Before submitting the cost estimates, the Developer’s engineer shall have prepared, documented and certified each cost estimate. The estimated cost of all improvements shall be the sum of the estimated cost as approved by the City Engineer.
AMOUNT OF GUARANTY. The amount of this Guaranty is Unlimited.
AMOUNT OF GUARANTY. This is a guaranty of payment of the Note and any other amounts owed under the Loan Documents, including, without limitation, the principal of the Note in the amount of Six Million Nine Hundred Thousand and 00/100 Dollars ($6,900,00.00).
AMOUNT OF GUARANTY. The amount of this Guaranty is limited to the Limited Amount.
AMOUNT OF GUARANTY. In order to induce you to enter into the Agreement with Borrower, we absolutely and unconditionally guarantee to you the due and prompt payment and performance of any and all indebtedness, liabilities and obligations of Borrower to you which arise principally out of (a) the undersigned's failure to exercise due care in the performance of his duties as the Chief Executive Officer of Borrower, including the duty to exercise supervisory control over officers of the Company directly reporting to the undersigned and to those submitting borrowing certificates to Greenfield and/or (b) any loss that is incurred due to the fraud or intentional misrepresentation of the undersigned (collectively, the " Guaranty Obligations"). In addition, we shall pay you all costs incurred, including reasonable attorneys' fees, in enforcing payment and performance of this Guaranty.
AMOUNT OF GUARANTY. The guaranty shall be in an amount equal to 150% (one hundred fifty percent) of the estimated cost of all improvements, not including those to be constructed by private utilities. The estimated cost shall be determined as follows. The Developer shall submit for the City Engineer’s approval a cost estimate for each improvement required by this Agreement. Before submitting the cost estimate, the Developer’s engineer shall have prepared, documented and certified each cost estimate. The estimated cost of all improvements shall be the sum of the estimated cost as approved by the City Engineer. The estimated total costs of the improvements to be owned, operated and maintained by the City of Post Falls; utilities to be owned, operated and maintained by a utility other than the City of Post Falls; and other improvements for which surety is required as submitted by the Developer and approved by the City Engineer are depicted on Attachment C for purposes of calculation of surety requirements which accord with the requirements of ordinances of the City of Post Falls. Evidence of such surety shall be attached hereto and be labeled Attachment
AMOUNT OF GUARANTY. In order to induce you to enter into the Agreement with the Credit Parties, we absolutely and unconditionally guarantee to you the due and prompt payment and performance of any and all indebtedness, liabilities and obligations of any Credit Party to you which arise out of, and to the extent of: (a) the failure of any Credit Party to remit funds it receives on any Financed Accounts Receivable during the period of time prior to ten (10) days from the date that you receive written notice from the Borrower that J. Xxxxxxx Xxxxx ("Xxxxx") is no longer an officer of the Borrower, and/or (b) any loss on any Financed Accounts Receivable that is incurred due to the fraud or misrepresentation of any Credit Party or any officers, directors, agents, employees or representatives of any Credit Party (collectively, the "Obligations"). In addition, we shall pay you all costs incurred, including reasonable attorneys' fees, in enforcing payment and performance of this Guaranty.
