DEED OF SURETYSHIP Sample Clauses

DEED OF SURETYSHIP. 32. The signatory hereto binds himself as surety and co-principal Buyer in solidum with the Buyer in favour of the Supplier for the due payment of all amounts which may at any time be payable by the Buyer to the Supplier from any cause use of action whatsoever and whether acquired by the Supplier by way of cession or otherwise. The terms and conditions of this Sale Agreement shall apply mutatis mutandis ( in precisely the same manner ), to the Suretyship. The Surety/ies further waives the benefits of excussion and division (by renouncing these benefits, the Supplier becomes entitled to xxx any one Surety for the full amount owing without first proceeding against or suing the Buyer or any other Surety) and of the legal exceptions non numeratae pecuniae (by renouncing this benefit as Surety is precluded from raising the defence that no money of equivalent thereof has passed between the Buyer and the Supplier) and non-causa debiti (by renouncing this benefit a Surety is precluded from raising the defence that there was no cause of action or reason for the Buyers indebtedness to the Supplier) and acknowledges himself to be fully acquainted with the meanings of these terms.
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DEED OF SURETYSHIP. I / We the undersigned, ID NUMBER: do hereby interpose and bind myself / ourselves as surety and co-principal debtor/s in solidum for and on behalf of the Purchaser to and in favour of the Seller and the Agent for all the obligations of the Purchaser under the Deed of Sale aforegoing and in particular for all amounts of money that may be due, including damages, from whatsoever cause arising under renunciation of the benefits of division and excussion. I/We do further acknowledge that I/we are fully aware of all the terms and Conditions of the Deed of Sale as if fully set out herein. I/We do accept domicilium et executandi at the address hereinafter set out. SIGNED at on this the day of 20 . AS WITNESSES:
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DEED OF SURETYSHIP. 15.1 The signatory by his/her signature hereto (which appears below) hereby binds him/herself in his private and individual capacity as surety for and co-principal debtor in solidum with the Customer in favour of the Close Corporation for the due performance of any obligation of the Customer and for the payment by the Customer to the Close Corporation of any amounts which may at any time become owing by the Customer to the Close Corporation from whatsoever cause arising and including, but, without limiting the generality of the foregoing, any claims for damages and any actions against the Customer acquired by way of cession.
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DEED OF SURETYSHIP. In the event of the tenant being a private company, close corporation, trust or other legal entity, the authorised signatories, by their signatures hereto, irrevocably bind themselves jointly and severally as surety and co-principal debtors in solidum to the landlord as defined herein (the creditor) for the due fulfillment by the tenant (the debtor) of all terms of the lease or any renewal thereof between the creditor and the debtor in respect of the leased premises as defined herein and agree that this surety shall extend to cover any failure to fulfill the terms of the lease whether brought by the action the debtor or any person or by the insolvency/liquidation of the debtor. The sureties waive the benefits of excussion and division and agree that any indulgence or latitude granted by the landlord to the tenant in respect of any obligation in terms of this lease agreement, or any amendment of the terms thereof, shall in no way prejudice the landlord's rights in terms of this suretyship.
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DEED OF SURETYSHIP. Should the Purchaser be a close corporation, a private or public company or a Trust, each signatory hereof warrants that he has been duly authorised to sign this Principal Agreement, and the signatories of this clause 17 declare that they, by signing this clause 17, in addition to the terms and conditions above, bind themselves in their personal capacities as surety/sureties and co-principal debtor/co-principal debtors in solidum for the Purchaser in favour of the Seller for the due performance of any obligation of the Purchaser and for the payment by the Purchaser to the Seller of any amount currently owed by the Purchaser to the Seller or which may become due by the Purchaser to the Seller from any cause whatsoever, inclusive of claims for damages. This suretyship is a continuing suretyship and can only be terminated by the Seller once all the amounts owed by the Purchaser (whether due and payable or not) to the Seller has been paid in full. The signatories further renounce the benefits of the legal exceptions non causa debiti, ordinis seu excussionis et divisionis and cession of accounts and declare themselves to be fully acqainted with the effect, meaning and import thereof. The signatories further declare to bind themselves irrevocably to comply with all the terms and conditions set out in this Principal Agreement. Full names and identity numbers of suretyships:
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DEED OF SURETYSHIP. 10.1. In the event that Retail Capital requires that a party/parties stand as sureties, co-principal debtors and guarantors for the obligations of the Merchant to Retail Capital, such party/parties will execute a Deed of Suretyship in favour of Retail Capital.
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DEED OF SURETYSHIP. I/we the signatories as reflected on this deed of suretyship do hereby bind myself/ourselves jointly and severely as sureties and co-principal debtor(s) in solidum unto and in favour of the Seller in respect to all terms and conditions set forth in the incidental credit agreement for all amounts which are now or might in future become payable by the principal debtor to the seller or its cessionary in the event of a cession in terms of this agreement arising out of or incidental to this agreement. No act of indulgence, relaxation or extension granted by the Seller (including any act or accepting payment after due date or in accepting a lesser sum to the amount due) shall prejudice or affect the Seller's rights in terms hereof, and if any action by the seller results in novation of any debt or liability arising out of or from this document then I/we undertake and agree to be similarly bound as surety(ies) and co- principal debtor(s) in favour to the Seller of such novated debt or liability. This surety is unlimited. This suretyship shall remain in force as continuing covering security until such time as all the obligation of the customer to the seller in terms of this agreement have been properly fulfilled. The surety(ies) hereby also consent(s) to the jurisdiction of the Magistrates Court in terms of:
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DEED OF SURETYSHIP. The Members/Directors must guarantee that the Tenant will comply with the Lease, by signing a deed of suretyship, failing which, the Tenant will not be entitled to take occupation of the Leased Premises.
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DEED OF SURETYSHIP. 15.1 The signatory by his signature hereto (which appears below) hereby binds himself in his private and individual capacity as surety for and co-principal debtor in solarium with the Customer in favour of the Company for the due performance of any obligation of the Customer and for the payment by the Customer to the Company of any amounts which may at any time become owing by the Customer to the Company from whatsoever cause arising and including, but, without limiting the generality of the foregoing, any claims for damages and any actions against the Customer acquired by way of cession.
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Related to DEED OF SURETYSHIP

  • SURETYSHIP Should the purchaser be a company, close corporation or trust or should the purchaser have nominated a company, close corporation or trust as purchaser in terms of 17, the signatory to this agreement warrants that he/she is duly authorised to enter into this agreement on behalf of the company, close corporation or trust and hereby binds himself/herself as surety and co-principal debtor in favour of the seller for all the obligations of the purchaser in terms of this agreement (including any amounts which may become owing arising out of any breach of this agreement) and renounces the benefits of excussion, division, cession of action and de duobus vel pluribus xxxx debendi the meaning and full force and effects of such benefits the signatory/surety acknowledges he/she knows and understands.

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

  • SUBORDINATION AND ATTORNMENT Prior to the Commencement Date, Landlord shall provide Tenant with reasonable nondisturbance agreements pursuant to which each existing holder of a mortgage or deed of trust or lessor under a ground lease shall agree that Tenant shall not be disturbed in the event of sale, foreclosure or other actions so long as Tenant is not in default hereunder. Tenant covenants and agrees that, within ten (10) business days from Landlord’s written request, it will execute without further consideration instruments reasonably requested by Landlord or Landlord's mortgagee subordinating this Lease in the manner requested by Landlord to all ground or underlying leases and to the lien of any mortgage or any deed of trust or other encumbrance which may now or hereafter affect the Premises or the Project, or any portion thereof, together with all renewals, modifications, consolidations, replacements or extensions thereof; provided that any lienor or encumbrancer relying on such subordination or such additional agreements will covenant with Tenant that this Lease shall remain in full force and effect, and Tenant shall not be disturbed in the event of sale, foreclosure or other actions so long as Tenant is not in default hereunder. Tenant agrees to attorn to the successor in interest of Landlord following any transfer of such interest either voluntarily or by operation of law and to recognize such successor as Landlord under this Lease. However, if Landlord or any such ground lessor or mortgagee so elects, this Lease shall be deemed prior in lien to any ground lease, mortgage, deed of trust or other encumbrance upon or including the Premises regardless of date of recording, and Tenant will execute a statement in writing to such effect at Landlord's request

  • Security Instruments (i) The Administrative Agent shall fail to have an Acceptable Security Interest in any portion of the Collateral or (ii) any Security Instrument shall at any time and for any reason cease to create the Lien on the Property purported to be subject to such agreement in accordance with the terms of such agreement, or cease to be in full force and effect, or shall be contested by the Borrower, any Guarantor or any of their respective Subsidiaries;

  • Security Agreement The words "Security Agreement" mean and include without limitation any agreements, promises, covenants, arrangements, understandings or other agreements, whether created by law, contract, or otherwise, evidencing, governing, representing, or creating a Security Interest.

  • WAIVER AND INDEMNITY (a) No omission or delay by Lender in exercising any right or power under this Agreement or any related agreements and documents will impair such right or power or be construed to be a waiver of any default, or Event of Default or an acquiescence therein, and any single or partial exercise of any such right or power will not preclude other or further exercise thereof or the exercise of any other right, and as to any Borrower no waiver will be valid unless in writing and signed by Lender and then only to the extent specified.

  • ASSIGNMENT OF LEASES AND RENTS There exists as part of the related Mortgage File an Assignment of Leases (either as a separate instrument or incorporated into the related Mortgage). Subject to the Permitted Encumbrances and the Title Exceptions, each related Assignment of Leases creates a valid first-priority collateral assignment of, or a valid first-priority lien or security interest in, rents and certain rights under the related lease or leases, subject only to a license granted to the related Mortgagor to exercise certain rights and to perform certain obligations of the lessor under such lease or leases, including the right to operate the related leased property, except as the enforcement thereof may be limited by the Standard Qualifications. The related Mortgage or related Assignment of Leases, subject to applicable law, provides that, upon an event of default under the Mortgage Loan, a receiver is permitted to be appointed for the collection of rents or for the related Mortgagee to enter into possession to collect the rents or for rents to be paid directly to the Mortgagee.

  • SUBORDINATION OF LEASE This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

  • INDEMNITY AGREEMENT The Indemnity Agreement Regarding Hazardous Materials made by the Borrower and Guarantors, in favor of the Agent and the Lenders, as the same may be modified, amended or ratified, pursuant to which each of the Borrower and the Guarantors agrees to indemnify the Agent and the Lenders with respect to Hazardous Substances and Environmental Laws.

  • Assignment of Leases The Assignment of Leases creates a valid assignment of, or a valid security interest in, certain rights under the Leases, subject only to a license granted to Borrower to exercise certain rights and to perform certain obligations of the lessor under the Leases, including the right to operate the Property. No Person other than Lender has any interest in or assignment of the Leases or any portion of the Rents due and payable or to become due and payable thereunder.

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