Common use of CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE Clause in Contracts

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx has not exhausted Xxxxxx’s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s liability is unlimited and Guarantor’s obligations are continuing.

Appears in 4 contracts

Samples: Commercial Guaranty (Manufactured Housing Properties Inc.), Eaco Corp, Adcare Health Systems, Inc

AutoNDA by SimpleDocs

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx Lxxxxx has not exhausted XxxxxxLxxxxx’s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s liability is unlimited and Guarantor’s obligations are continuing.

Appears in 3 contracts

Samples: Eaco Corp, Eaco Corp, Eaco Corp

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower Borrower, or any one or more of them, to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx has not exhausted Xxxxxx’s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s liability is unlimited and Guarantor’s obligations are continuing.

Appears in 2 contracts

Samples: Adcare Health Systems Inc, LBBB Merger Corp.

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s 's obligations under the Note and the Related Documents. This is a guaranty Guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx Lender has not exhausted Xxxxxx’s Lender's remedies against anyone else obligated to pay the Indebtedness indebtedness or against any collateral securing the Indebtednessindebtedness, this Guaranty or any other guaranty Guaranty of the Indebtednessindebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s 's obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s 's liability is unlimited and Guarantor’s 's obligations are continuing.

Appears in 2 contracts

Samples: Commercial Guaranty (Elecsys Corp), Commercial Guaranty (Elecsys Corp)

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx has not exhausted Xxxxxx’s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will xxxx otherwise perform Borrower’s obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s liability is unlimited and Guarantor’s obligations are continuing.

Appears in 1 contract

Samples: Loan Agreement (Prospect Acquisition Corp)

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower Borrower, or any one or more of them, to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx has not exhausted Xxxxxx’s Lenders remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s liability is unlimited and Guarantor’s obligations are continuing.

Appears in 1 contract

Samples: Adcare Health Systems Inc

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s 's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx lender has not exhausted Xxxxxx’s lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s 's obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s 's liability is unlimited unlimited, and Guarantor’s 's obligations are continuing.

Appears in 1 contract

Samples: Amrep Corp.

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower Borrower, or any one or more of them, to Lender, and the performance and discharge of all Borrower’s 's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx Lender has not exhausted Xxxxxx’s Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s 's obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s 's liability is unlimited and Guarantor’s 's obligations are continuing.

Appears in 1 contract

Samples: Dougherty's Pharmacy, Inc.

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx Lender has not exhausted XxxxxxLender’s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s liability is unlimited and Guarantor’s obligations are continuing.

Appears in 1 contract

Samples: Vista Proppants & Logistics Inc.

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, consideration Guarantor absolutely and unconditionally uncondionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, Lender and the performance and discharge of all Borrower’s 's obligations under the Note and the Related Documents. This is 1s a guaranty of payment and performance and not of collection, collection so Lender can enforce this Guaranty against Guarantor even when Xxxxxx Lender has not exhausted Xxxxxx’s remedies Lender's remidies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, Indebtedness this Guaranty or any other guaranty of or the Indebtedness. Indebtedness Guarantor will make any payments to Lender or its order, on demand, in legal tender lender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s 's obligations under the Note and Related Documents. Under this Guaranty, Guaranty Guarantor’s 's liability is unlimited and Guarantor’s 's obligations are continuing.

Appears in 1 contract

Samples: Business Loan Agreement (Torotel Inc)

AutoNDA by SimpleDocs

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is Is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx has not exhausted Xxxxxx’s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in In legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s liability is unlimited and Guarantor’s obligations are continuing.

Appears in 1 contract

Samples: Prospect Acquisition Corp

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s 's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx has not exhausted Xxxxxx’s 's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s 's obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s 's liability is unlimited and Guarantor’s 's obligations are continuing.

Appears in 1 contract

Samples: Paneltech International Holdings, Inc.

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower Borrower, or any one or more of them, to Lender, and the performance and discharge of all Borrower’s 's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx has not exhausted Xxxxxx’s 's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s 's obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s 's liability is unlimited and Guarantor’s 's obligations are continuing.

Appears in 1 contract

Samples: Lodging Fund REIT III, Inc.

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower Company to LenderPurchasers, and the performance and discharge of all Borrowerthe Company’s obligations under the Note Purchase Agreement, the Notes, and the Related other Transaction Documents. This is a guaranty of payment and performance and not of collection, so Lender Purchasers can enforce this Guaranty against Guarantor even when Xxxxxx has Purchasers have not exhausted Xxxxxx’s their remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender Purchasers or its ordertheir respective orders, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrowerthe Company’s obligations under the Note Purchase Agreement and Related Transaction Documents. Under this Guaranty, Guarantor’s liability is unlimited and Guarantor’s obligations are continuing.

Appears in 1 contract

Samples: Guaranty (Westmoreland Coal Co)

CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s 's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx has not exhausted Xxxxxx’s 's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s 's obligations under the Note and Related Documents. Under this Guaranty, Guarantor’s 's liability is unlimited and Guarantor’s 's obligations are continuing.

Appears in 1 contract

Samples: Commercial Guaranty (Macc Private Equities Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.