Common use of Guaranty Absolute and Unconditional Clause in Contracts

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, any defense (other than a defense of payment), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Agent):

Appears in 7 contracts

Samples: First Lien Guaranty and Security Agreement (GSE Holding, Inc.), Guaranty and Security Agreement (GSE Holding, Inc.), Credit Agreement (GSE Holding, Inc.)

AutoNDA by SimpleDocs

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense the performance in full and payment in full of paymentthe Guaranteed Obligations), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the AgentRequired Lenders):

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Lilis Energy, Inc.), Credit and Guaranty Agreement (Lilis Energy, Inc.), Credit and Guaranty Agreement (Lilis Energy, Inc.)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives waives, to the fullest extent permitted by law, and agrees not to assert, any defense (other than a defense of payment), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the US Agent):

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Thermon Group Holdings, Inc.), Guaranty and Security Agreement (Thermon Holding Corp.), Guaranty and Security Agreement (Thermon Holding Corp.)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged (except as a result of payment in full in cash of all Guaranteed Obligations) as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Administrative Agent):

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Princeton Review Inc), Guaranty and Security Agreement (Princeton Review Inc)

Guaranty Absolute and Unconditional. Each To the maximum extent permitted by Requirements of Law, each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Administrative Agent):

Appears in 2 contracts

Samples: Second Lien Guaranty and Security Agreement (Clearlake Capital Partners, LLC), Guaranty and Security Agreement (Goamerica Inc)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense the indefeasible payment in full of paymentthe Guaranteed Obligations), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the AgentLender):

Appears in 2 contracts

Samples: Guaranty and Security Agreement (iRhythm Technologies, Inc.), Guaranty and Security Agreement (iRhythm Technologies, Inc.)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which which, the maximum extent permitted by law, may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except in connection with a compulsory counterclaim or as otherwise agreed in writing by the Agent):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Akorn Inc)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of paymentpayment or performance), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Primary Administrative Agent):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Dayton Superior Corp)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the AgentAdministrative Agents):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Alere Inc.)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the AgentInitial Holder):

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Gelesis Holdings, Inc.)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of paymentpayment in cash or other immediately available funds), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Agent):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Constar International Inc)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense the payment in full in cash of paymentGuaranteed Obligations), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Agent):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Vertex Energy Inc.)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which which, to the maximum extent permitted by law, may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except in connection with a compulsory counterclaim or as otherwise agreed in writing by the AgentSubordinated Lender):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Akorn Inc)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, law and agrees not to assert, assert any defense (other than a defense of payment), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Agent):

Appears in 1 contract

Samples: Guaranty and Security Agreement (CURO Group Holdings Corp.)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives and agrees, in each case to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense payment in full of paymentthe Guaranteed Obligations), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Agent):

Appears in 1 contract

Samples: Guaranty and Security Agreement (WII Components, Inc.)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense indefeasible payment in full of paymentthe Guaranteed Obligations in cash or other immediately available funds), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the AgentPurchasers):

Appears in 1 contract

Samples: Joinder Agreement (CBaySystems Holdings LTD)

AutoNDA by SimpleDocs

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty Agreement are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this GuarantyAgreement, in each case except as otherwise agreed in writing by the Administrative Agent):

Appears in 1 contract

Samples: Guaranty Agreement (Rush Enterprises Inc \Tx\)

Guaranty Absolute and Unconditional. Each To the extent permitted by applicable law, each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment of the Guaranteed Obligations to the extent of such payment), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the AgentLender):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Signal Genetics LLC)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged (except as a result of payment in full in cash of all Guaranteed Obligations) as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Collateral Agent):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Princeton Review Inc)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty Agreement are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any Secured Party taking or not taking any of the following actions or the occurrence or non-occurrence of any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Administrative Agent):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Assisted Living Concepts Inc)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected affected, other than indefeasible payment in full of the Guaranteed Obligations, by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Agent):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Rentech Nitrogen Partners, L.P.)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense indefeasible payment in full of paymentthe Guaranteed Obligations in cash or other immediately available funds), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Administrative Agent):

Appears in 1 contract

Samples: Guaranty and Security Agreement (CBaySystems Holdings LTD)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute absolute, and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the AgentAgent (at the direction of the Required DIP Lenders):

Appears in 1 contract

Samples: Credit and Security Agreement (TerraVia Holdings, Inc.)

Guaranty Absolute and Unconditional. Each To the maximum extent permitted by Requirements of Law, each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment)defense, whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the AgentAgents):

Appears in 1 contract

Samples: Guaranty and Security Agreement (Goamerica Inc)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense of payment), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Agent):

Appears in 1 contract

Samples: Credit Agreement (PGT, Inc.)

Guaranty Absolute and Unconditional. Each Guarantor hereby waives to the fullest extent permitted by law, and agrees not to assert, assert any defense (other than a defense the indefeasible payment in full of paymentthe Guaranteed Obligations), whether arising in connection with or in respect of any of the following or otherwise, and hereby agrees that its obligations under this Guaranty are irrevocable, absolute and unconditional and shall not be discharged as a result of or otherwise affected by any of the following (which may not be pleaded and evidence of which may not be introduced in any proceeding with respect to this Guaranty, in each case except as otherwise agreed in writing by the Collateral Agent):

Appears in 1 contract

Samples: Loan Agreement (TESARO, Inc.)

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