Guarantee Undertaking Sample Clauses

Guarantee Undertaking. 17.1.1 The Guarantor irrevocably and unconditionally jointly and severally: (A) guarantees as a caution solidaire to each Finance Party punctual performance by each Borrower other than itself (each a "Guaranteed Party") of its payment obligations under the Finance Documents to which it is a party; and (B) undertakes that whenever a Guaranteed Party does not pay any amount (including principal, interest, fees and any other indemnity or accessory claim of any nature whatsoever) when due under or in connection with any Finance Document (including on a payment due date, following acceleration or mandatory prepayment under this Agreement and expressly and irrevocably waives any right it may have under article 1305-5 of the French Civil Code) to which it is a party, the Guarantor as a caution solidaire shall immediately on demand pay that amount (as principal, interest, fee, penalty, expense and other). 17.1.2 The Guarantor hereby expressly and irrevocably waives and undertakes not to exercise any rights it may have under or with regard to the bénéfice de discussion provided of by article 2305 and 2305-1 of the French Civil Code, hereby expressly and irrevocably waives and undertakes not to exercise any rights it might have under or in regard to the bénéfice de division provided for by article 2306 and 2306-1 of the French Civil Code and hereby expressly and irrevocably waives any right it may have of first requiring any Finance Party (or any agent acting on behalf of such Finance Party) to proceed against or enforce any other rights or security or claim payment from any person before claiming from the Guarantor under this Clause 17 (and this waiver applies irrespective of any provision of a Finance Document to the contrary). 17.1.3 The Guarantor hereby expressly and irrevocably waives and undertakes not to exercise any rights it may have under article 2320 of the French Civil Code and undertakes (i) not to take any action or make a claim against a Guaranteed Party in the event of any extension of the Commitment Period, the Final Maturity Date, any date for repayment under Clause 6 (Repayment) or any payment date of any amount due to the Finance Parties as long as any sums remain to be paid by the Guaranteed Parties under the Finance Documents, and (ii) not to request any security over any asset, and agrees that the Guarantee will remain in full force and effect notwithstanding any such extension or similar event, and that no such event will operate by way of no...