GUARANTOR AS PRIMARY OBLIGOR Sample Clauses

GUARANTOR AS PRIMARY OBLIGOR. If any purported obligation or liability of the Tenant to the Landlord contained in this Lease shall prove invalid or unenforceable on any ground whatsoever whether or not known to the Landlord including but not limited to any illegality or defect in the powers of the Tenant or the manner in which they are exercised or the authority of the person purporting to exercise them or any legal or other limitation disability or incapacity of the Tenant the Guarantor shall be liable to the Landlord as primary obligor in respect of the purported obligations and liabilities contained in this Lease or arising hereunder as if the same were valid and enforceable, and the Guarantor hereby agrees to indemnify the Landlord fully in respect of any loss suffered by the Landlord as a result of any failure of the Tenant to carry out any such purported obligation or liability. AGREEMENTS AND COVENANTS RELATING TO THE PROPERTY The agreements restrictions covenants exceptions reservations and other matters contained or referred to in the registers of title number BM88070. Signature of Witness: /s/ Petex Xxxxxxx Xxme of Witness: Petex Xxxxxxx Xxdress: 31 Wxxxxxxxxx Xx. Xxxxxx 00 EXECUTED (but not ) /s/ Petex Xxxxxxx xxxivered until the date hereof) ) AS A DEED by ) PETEX XXXXXXX ) in the presence of: ) Signature of Witness: /s/ Barrx Xxxxxxx Xxme of Witness: Barrx Xxxxxxx Xxdress: Pinsxxx-Xxxxxx 3 Coxxxxx Xxxxxx Xxxxxxxxxx X0 0XX EXECUTED (but not ) /s/ Michxxx X. XxXxxxxx xxxivered until the date hereof) ) AS A DEED by ) MICHXXX XxXXXXXX ) in the presence of: )
Sample 1
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GUARANTOR AS PRIMARY OBLIGOR. Subject only to the express limitations herein, the foregoing Guaranty shall be interpreted to mean Guarantor shall be responsible to the Company for the true and faithful performance of the said Agreements in the manner and to the same extent as if Guarantor had originally executed said Agreements in place of Subsidiary Member and Lender. Should there be any default in said Agreements on the part of Subsidiary Member or Lender, the Beneficiaries or any of them have the right to proceed immediately against Guarantor without first proceeding against Subsidiary Member or Lender.
Sample 1
GUARANTOR AS PRIMARY OBLIGOR. The foregoing Guarantee shall be interpreted to mean Guarantor shall be responsible to the Company for the true and faithful performance of the LLC Agreement in the manner and to the same extent as if Guarantor had originally executed the LLC Agreement in place of Subsidiary Member. Should there be any default in the LLC Agreement on the part of Subsidiary Member, the Company has the right to proceed immediately against Guarantor without first proceeding against Subsidiary Member.
Sample 1

Related to GUARANTOR AS PRIMARY OBLIGOR

  • Primary Obligations This Guaranty is a primary and original obligation of Guarantor, is not merely the creation of a surety relationship, and is an absolute, unconditional, and continuing guaranty of payment and performance which shall remain in full force and effect without respect to future changes in conditions. Guarantor agrees that it is directly, jointly and severally with any other guarantor of the Guarantied Obligations, liable to Guarantied Party, that the obligations of Guarantor hereunder are independent of the obligations of Debtor or any other guarantor, and that a separate action may be brought against Guarantor, whether such action is brought against Debtor or any other guarantor or whether Debtor or any other guarantor is joined in such action. Guarantor agrees that its liability hereunder shall be immediate and shall not be contingent upon the exercise or enforcement by Guarantied Party of whatever remedies it may have against Debtor or any other guarantor, or the enforcement of any lien or realization upon any security Guarantied Party may at any time possess. Guarantor agrees that any release which may be given by Guarantied Party to Debtor or any other guarantor shall not release Guarantor. Guarantor consents and agrees that Guarantied Party shall be under no obligation to marshal any property or assets of Debtor or any other guarantor in favor of Guarantor, or against or in payment of any or all of the Guarantied Obligations.

  • Primary Obligation This Agreement is a primary and original obligation of each Borrower and shall remain in effect notwithstanding future changes in conditions, including any change of law or any invalidity or irregularity in the creation or acquisition of any Obligations or in the execution or delivery of any agreement between Bank and any Borrower. Each Borrower shall be liable for existing and future Obligations as fully as if all of all Credit Extensions were advanced to such Borrower. Bank may rely on any certificate or representation made by any Borrower as made on behalf of, and binding on, all Borrowers, including without limitation Disbursement Request Forms, Borrowing Base Certificates and Compliance Certificates.

  • Guarantor The word "Guarantor" means and includes without limitation each and all of the guarantors, sureties, and accommodation parties in connection with any Indebtedness.

  • Unconditional Purchase Obligations The Borrower shall not and shall not permit any Subsidiary to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.

  • Limitation on Subsidiary Guarantor Liability Each Subsidiary Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Subsidiary Guarantee of such Subsidiary Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Subsidiary Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Subsidiary Guarantors hereby irrevocably agree that the obligations of such Subsidiary Guarantor will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Subsidiary Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Subsidiary Guarantor in respect of the obligations of such other Subsidiary Guarantor under this Article Ten, result in the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee not constituting a fraudulent transfer or conveyance. Each Subsidiary Guarantor that makes a payment for distribution under its Subsidiary Guarantee is entitled to a contribution from each other Subsidiary Guarantor in a pro rata amount based on the adjusted net assets of each Subsidiary Guarantor.

  • The Guarantor The Guarantor is hereby made a party to the Indenture.

  • Guarantee Unconditional The obligations of each Guarantor under this Section 12 shall be unconditional and absolute and, without limiting the generality of the foregoing, shall not be released, discharged, or otherwise affected by:

  • Subsidiary Guarantor The Guaranteeing Subsidiary hereby agrees to be a Subsidiary Guarantor under the Indenture and to be bound by the terms of the Indenture applicable to Subsidiary Guarantors, including Article 10 thereof.

  • Guaranteed Indebtedness No Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except (a) by endorsement of instruments or items of payment for deposit to the general account of any Credit Party, and (b) for Guaranteed Indebtedness incurred for the benefit of any other Credit Party if the primary obligation is expressly permitted by this Agreement.

  • Future Subsidiary Guarantors The Company will not permit any Restricted Subsidiary to Guarantee the payment of any Indebtedness of the Company or any Indebtedness of any other Restricted Subsidiary (other than a Guarantee by a Foreign Subsidiary of Indebtedness of a Foreign Subsidiary or a Guarantee by a Receivables Subsidiary), unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture pursuant to which such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any, and interest on the Notes and all other obligations under this Indenture on a senior basis; provided that if such Indebtedness is by its express terms subordinated in right of payment to the Notes or a Note Guarantee, any Guarantee of such Restricted Subsidiary with respect to such Indebtedness shall be subordinated in right of payment to such Restricted Subsidiary’s Note Guarantee substantially to the same extent as such Indebtedness is subordinated to the Notes or the Note Guarantees, as the case may be. The obligations of a Subsidiary Guarantor under its Note Guarantee will be limited as necessary to prevent its Note Guarantee from constituting a fraudulent conveyance or fraudulent transfer under applicable law. Thereafter, such Restricted Subsidiary shall be a Guarantor for all purposes of this Indenture. Notwithstanding the preceding paragraph, any Note Guarantee of a Subsidiary Guarantor will provide by its terms that it will be automatically and unconditionally released and discharged under the circumstances set forth in Section 11.05. The form of the Note Guarantee is attached hereto as Exhibit C. ARTICLE FIVE

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