Common use of Character of Obligations Clause in Contracts

Character of Obligations. This is an absolute, continuing and unconditional guaranty of payment and not of collection and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of Guarantor with respect to any and all Guaranteed Indebtedness incurred thereafter shall not be affected. All Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Guarantor shall be liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 9 contracts

Samples: Unlimited Guaranty (Wilhelmina International, Inc.), Unlimited Guaranty (Sielox Inc), Guaranty (Stratus Properties Inc)

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Character of Obligations. (a) This is an absolute, continuing and unconditional guaranty of payment and not of collection and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of Guarantor with respect to any and all Guaranteed Indebtedness incurred thereafter shall not be affected. This Guaranty and the Guarantor’s obligations hereunder are irrevocable. All of the Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Guarantor shall be liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 5 contracts

Samples: Guaranty Agreement, Guaranty Agreement (Ares Commercial Real Estate Corp), Guaranty Agreement (Ascent Assurance Inc)

Character of Obligations. This is an absolute, continuing and unconditional guaranty Guaranty of payment and not of collection and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of the Guarantor with respect to any and all Guaranteed Indebtedness of Borrower to Bank incurred thereafter shall not be affected. All Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Guarantor shall be primarily liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 4 contracts

Samples: Unconditional Guaranty (Western Pacific Airlines Inc /De/), Senior Secured Loan Agreement (Southwest Royalties Holdings Inc), Unlimited Guaranty (Mallon Resources Corp)

Character of Obligations. This is an absolute, continuing and unconditional guaranty Guaranty of payment and not of collection and collection, provided however that if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of the Corporate Guarantor with respect to any and all Guaranteed Indebtedness incurred thereafter of Borrower to Bank shall not be affectedterminate. All Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Corporate Guarantor shall be primarily liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 1 contract

Samples: Modification and Extension Agreement (Cap Rock Energy Corp)

Character of Obligations. This is an absolute, continuing and unconditional guaranty Guaranty of payment and not of collection and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of each Guarantor with respect to any and all Guaranteed Indebtedness of Borrower to Lenders incurred thereafter shall not be affected. All Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank Lenders to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Each Guarantor shall be primarily liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 1 contract

Samples: Exco Resources Inc

Character of Obligations. This is an absolute, continuing and unconditional guaranty Guaranty of payment and not of collection and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of the Guarantor with respect to any and all Guaranteed Indebtedness of Borrower to Lenders incurred thereafter shall not be affected. All Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank Lenders to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. The Guarantor shall be primarily liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 1 contract

Samples: Exco Resources Inc

Character of Obligations. (a) This is an absolute, continuing and unconditional guaranty of payment and not of collection and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of Guarantor with respect to any and all Guaranteed Indebtedness incurred thereafter shall not be affected. All of the Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Guarantor shall be liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 1 contract

Samples: Guaranty Agreement

Character of Obligations. This is an absolute, continuing and unconditional guaranty of payment and not of collection collection, and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of Guarantor with respect to any and all Guaranteed Indebtedness incurred thereafter shall not be affected. All Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Guarantor shall be liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 1 contract

Samples: Guaranty Agreement (Hartman Short Term Income Properties XX, Inc.)

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Character of Obligations. This is an absolute, irrevocable, continuing and unconditional guaranty Guaranty of payment and not of collection and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of the Guarantor with respect to any and all Guaranteed Indebtedness of Borrower to Lender incurred thereafter shall not be affected. All Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank Lender to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Guarantor shall be primarily liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 1 contract

Samples: Pledge Agreement (Tidelands Oil & Gas Corp/Wa)

Character of Obligations. (a) This is an absolute, continuing and unconditional guaranty of payment and not of collection and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of Guarantor with respect to any and all Guaranteed Indebtedness incurred thereafter shall not be affected. All Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank Lenders to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Guarantor shall be primarily liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 1 contract

Samples: New Plan Excel Realty Trust Inc

Character of Obligations. This is an absolute, continuing and unconditional guaranty Guaranty of payment and not of collection and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of the Corporate Guarantor with respect to any and all Guaranteed Indebtedness of Borrower to Bank incurred thereafter shall not be affected. All Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Corporate Guarantor shall be primarily liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 1 contract

Samples: Unconditional Guaranty (Cap Rock Energy Corp)

Character of Obligations. (a) This is an absolute, continuing and unconditional guaranty of payment and not of collection and if at any time or from time to time there is no outstanding Guaranteed Indebtedness, the obligations of Guarantor with respect to any and all Guaranteed Indebtedness incurred thereafter shall not be affected. This Guaranty and the Guarantor's obligations hereunder are irrevocable. All of the Guaranteed Indebtedness heretofore, concurrently herewith or hereafter made by Bank to Borrower shall be conclusively presumed to have been made or acquired in acceptance hereof. Guarantor shall be liable, jointly and severally, with Borrower and any other guarantor of all or any part of the Guaranteed Indebtedness.

Appears in 1 contract

Samples: Guaranty Agreement (Ascendant Solutions Inc)

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