Common use of Captions Not Controlling Clause in Contracts

Captions Not Controlling. Captions and headings have been included in this Guaranty for the convenience of the parties, and shall not be construed as affecting the content of the respective paragraphs. THE PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY LITIGATION, ACTION OR OTHER PROCEEDING (A) LENDER BRINGS TO ENFORCE OR COLLECT THE OBLIGATIONS OF THIS GUARANTY; (B) ALLEGING THAT LENDER HAS BREACHED ANY DUTY, OBLIGATION OR AGREEMENT, EXPRESS OR IMPLIED, RELATING TO THE OBLIGATIONS OF THIS GUARANTY; (C) ALLEGING THAT ANY PARTY OR SUCH PARTY’S OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS OR AGENTS HAVE ACTED WRONGFULLY, NEGLIGENTLY OR TORTIOUSLY WITH RESPECT TO THE OBLIGATIONS OF ANY BORROWER, ENDORSER OR GUARANTOR; OR (D) BETWEEN THE PARTIES RELATED HERETO. THIS WAIVER OF JURY TRIAL DOES NOT WAIVE GUARANTOR’S OR LENDER’S RIGHT TO BRING A LAW SUIT THAT A JUDGE, WITHOUT A JURY, WOULD DECIDE. IN ADDITION, THE GUARANTOR ACKNOWLEDGES A THOROUGH UNDERSTANDING OF THE TERMS OF THIS GUARANTY AND AGREES TO BE BOUND THEREBY. This Guaranty is executed and delivered to Lender to as of the Effective Date. GUARANTOR: /s/ Xxxx X. Xxxx Xxxx X. Xxxx STATE OF TENNESSEE ) COUNTY OF XXXXXXXXXX ) Before me, the undersigned, a Notary Public of the State and County aforesaid, personally appeared Xxxx X. Xxxx, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), the within named bargainor, and who executed the foregoing instrument for the purpose therein contained. Witness my hand and notary seal this 2nd day of May, 2014. /s/ Xxxxxxx X. Xxxxxxx Notary Public My commission expires: August 22, 2016 [Affix Notary Seal]

Appears in 2 contracts

Samples: Continuing Guaranty (AAC Holdings, Inc.), Continuing Guaranty (AAC Holdings, Inc.)

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Captions Not Controlling. Captions and headings have been included in this Guaranty for the convenience of the parties, and shall not be construed as affecting the content of the respective paragraphs. THE PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY LITIGATION, ACTION OR OTHER PROCEEDING (A) LENDER BRINGS TO ENFORCE OR COLLECT THE OBLIGATIONS OF THIS GUARANTY; (B) ALLEGING THAT LENDER HAS BREACHED ANY DUTY, OBLIGATION OR AGREEMENT, EXPRESS OR IMPLIED, RELATING TO THE OBLIGATIONS OF THIS GUARANTY; (C) ALLEGING THAT ANY PARTY OR SUCH PARTY’S OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS OR AGENTS HAVE ACTED WRONGFULLY, NEGLIGENTLY OR TORTIOUSLY WITH RESPECT TO THE OBLIGATIONS OF ANY BORROWER, ENDORSER OR GUARANTOR; OR (D) BETWEEN THE PARTIES RELATED HERETO. THIS WAIVER OF JURY TRIAL DOES NOT WAIVE GUARANTOR’S OR LENDER’S RIGHT TO BRING A LAW SUIT THAT A JUDGE, WITHOUT A JURY, WOULD DECIDE. IN ADDITION, THE GUARANTOR ACKNOWLEDGES A THOROUGH UNDERSTANDING OF THE TERMS OF THIS GUARANTY AND AGREES TO BE BOUND THEREBY. This Guaranty is executed and delivered to Lender to as of the Effective Date. GUARANTOR: /s/ Xxxx Xxxxxx X. Xxxx Xxxx Xxxxxx X. Xxxx STATE OF TENNESSEE ) COUNTY OF XXXXXXXXXX ) Before me, the undersigned, a Notary Public of the State and County aforesaid, personally appeared Xxxx Xxxxxx X. Xxxx, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), the within named bargainor, and who executed the foregoing instrument for the purpose therein contained. Witness my hand and notary seal this 2nd day of May, 2014. /s/ Xxxxxxx X. Xxxxxxx Notary Public My commission expires: August 22, 2016 [Affix Notary Seal]

Appears in 2 contracts

Samples: Continuing Guaranty (AAC Holdings, Inc.), Continuing Guaranty (AAC Holdings, Inc.)

Captions Not Controlling. Captions and headings have been included in this Guaranty for the convenience of the parties, and shall not be construed as affecting the content of the respective paragraphs. THE PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY LITIGATION, ACTION OR OTHER PROCEEDING (A) LENDER BRINGS TO ENFORCE OR COLLECT THE OBLIGATIONS OF THIS GUARANTY; (B) ALLEGING THAT LENDER HAS BREACHED ANY DUTY, OBLIGATION OR AGREEMENT, EXPRESS OR IMPLIED, RELATING TO THE OBLIGATIONS OF THIS GUARANTY; (C) ALLEGING THAT ANY PARTY OR SUCH PARTY’S OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS OR AGENTS HAVE ACTED WRONGFULLY, NEGLIGENTLY OR TORTIOUSLY WITH RESPECT TO THE OBLIGATIONS OF ANY BORROWER, ENDORSER OR GUARANTOR; OR (D) BETWEEN THE PARTIES RELATED HERETO. THIS WAIVER OF JURY TRIAL DOES NOT WAIVE GUARANTOR’S OR LENDER’S RIGHT TO BRING A LAW SUIT THAT A JUDGE, WITHOUT A JURY, WOULD DECIDE. IN ADDITION, THE GUARANTOR ACKNOWLEDGES A THOROUGH UNDERSTANDING OF THE TERMS OF THIS GUARANTY AND AGREES TO BE BOUND THEREBY. This Guaranty is executed and delivered to Lender to as of the Effective Date. GUARANTOR: AMERICAN ADDICTION CENTERS, INC. By: /s/ Xxxx Xxxxxxx X. Xxxx Xxxx Xxxxxxxxxx Name: Xxxxxxx X. Xxxx Xxxxxxxxxx Title: Chairman and Chief Executive Officer STATE OF TENNESSEE ) COUNTY OF XXXXXXXXXX ) Before me, the undersigned, a Notary Public of the State and County aforesaid, personally appeared Xxxx Xxxxxxx X. XxxxXxxxxxxxxx, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath acknowledged himself to be the Chairman and Chief Executive Officer of American Addiction Centers, Inc., a Nevada corporation, the within named bargainor, and who that he as Chairman and Chief Executive Officer, executed the foregoing instrument for the purpose therein containedcontained by signing the name of the corporation by himself as Chairman and Chief Executive Officer. Witness my hand and notary seal this 2nd day of May, 2014. /s/ Xxxxxxx X. Xxxxxxx Notary Public My commission expires: August 22, 2016 [Affix Notary Seal]

Appears in 2 contracts

Samples: Continuing Guaranty (AAC Holdings, Inc.), Continuing Guaranty (AAC Holdings, Inc.)

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Captions Not Controlling. Captions and headings have been included in this Guaranty for the convenience of the parties, and shall not be construed as affecting the content of the respective paragraphs. THE PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY LITIGATION, ACTION OR OTHER PROCEEDING (A) LENDER BRINGS TO ENFORCE OR COLLECT THE OBLIGATIONS OF THIS GUARANTY; (B) ALLEGING THAT LENDER HAS BREACHED ANY DUTY, OBLIGATION OR AGREEMENT, EXPRESS OR IMPLIED, RELATING TO THE OBLIGATIONS OF THIS GUARANTY; (C) ALLEGING THAT ANY PARTY OR SUCH PARTY’S OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS OR AGENTS HAVE ACTED WRONGFULLY, NEGLIGENTLY OR TORTIOUSLY WITH RESPECT TO THE OBLIGATIONS OF ANY BORROWER, ENDORSER OR GUARANTOR; OR (D) BETWEEN THE PARTIES RELATED HERETO. THIS WAIVER OF JURY TRIAL DOES NOT WAIVE GUARANTOR’S OR LENDER’S RIGHT TO BRING A LAW SUIT THAT A JUDGE, WITHOUT A JURY, WOULD DECIDE. IN ADDITION, THE GUARANTOR ACKNOWLEDGES A THOROUGH UNDERSTANDING OF THE TERMS OF THIS GUARANTY AND AGREES TO BE BOUND THEREBY. This Guaranty is executed and delivered to Lender to as of the Effective Date. GUARANTOR: /s/ Xxxx Xxxxxxx X. Xxxx Xxxx Xxxxxxxxxx Xxxxxxx X. Xxxx Xxxxxxxxxx STATE OF TENNESSEE ) COUNTY OF XXXXXXXXXX ) Before me, the undersigned, a Notary Public of the State and County aforesaid, personally appeared Xxxx Xxxxxxx X. XxxxXxxxxxxxxx, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), the within named bargainor, and who executed the foregoing instrument for the purpose therein contained. Witness my hand and notary seal this 2nd day of May, 2014. /s/ Xxxxxxx X. Xxxxxxx Notary Public My commission expires: August 22, 2016 [Affix Notary Seal]

Appears in 2 contracts

Samples: Continuing Guaranty (AAC Holdings, Inc.), Continuing Guaranty (AAC Holdings, Inc.)

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