Guaranty Absolute; Continuing Guaranty Sample Clauses
POPULAR SAMPLE Copied 2 times
Guaranty Absolute; Continuing Guaranty. The obligations of each Guarantor hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment in full of the Guarantied Obligations. In furtherance of the foregoing and without limiting the generality thereof, each Guarantor agrees that: (a) this Guaranty is a guaranty of payment when due and not of collectibility; (b) Guarantied Party may enforce this Guaranty upon the occurrence and during the continuance of an Event of Default under the Credit Agreement or the occurrence of an early termination date or similar event under any Lender Swap Agreements notwithstanding the existence of any dispute between Company and any Beneficiary with respect to the existence of such event; (c) the obligations of each Guarantor hereunder are independent of the obligations of Company under the Loan Documents or the Lender Swap Agreements and the obligations of any other guarantor of obligations of Company and a separate action or actions may be brought and prosecuted against each Guarantor whether or not any action is brought against Company or any of such other guarantors and whether or not Company is joined in any such action or actions; and (d) a payment of a portion, but not all, of the Guarantied Obligations by one or more Guarantors shall in no way limit, affect, modify or abridge the liability of such or any other Guarantor for any portion of the Guarantied Obligations that has not been paid. This Guaranty is a continuing guaranty and shall be binding upon each Guarantor and its successors and assigns, and each Guarantor irrevocably waives any right to revoke this Guaranty as to future transactions giving rise to any Guarantied Obligations.
Guaranty Absolute; Continuing Guaranty. The obligations of the Guarantors hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment in cash in full of the Guaranteed Obligations, and each Guarantor hereby unconditionally and irrevocably waives any right to revoke this Guaranty and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. In furtherance of the foregoing and without limiting the generality thereof, each Guarantor agrees that: (a) this Guaranty is a guaranty of payment when due and not of collectibility; (b) the Agent may enforce this Guaranty upon the occurrence and during the continuance of an Event of Default under the Credit Agreement and the consent of the Required Lenders, subject to Section 8.02 of the Credit Agreement; (c) the obligations of such Guarantor hereunder are independent of the obligations of the Borrower under the Loan Documents and a separate action or actions may be brought and prosecuted against such Guarantor whether or not any action is brought against the Borrower and whether or not the Borrower is joined in any such action or actions; and
Guaranty Absolute; Continuing Guaranty. The obligations of Guarantor hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment in full of the Guarantied Obligations. In furtherance of the foregoing and without limiting the generality thereof, Guarantor agrees that: (a) this Guaranty is a guaranty of payment when
Guaranty Absolute; Continuing Guaranty. The obligations of each Guarantor hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment in full of the Guarantied Obligations. In furtherance of the foregoing and without limiting the generality thereof, each Guarantor agrees that:
Guaranty Absolute; Continuing Guaranty. The obligations of AMD hereunder are absolute and independent and shall not be affected by any circumstance that constitutes a legal or equitable discharge of AMD other than payment in full of the Guarantied Obligations or termination of this Guaranty. In furtherance of the foregoing and without limiting the generality thereof, AMD agrees that: (a) this Guaranty is a guaranty of payment when due and not of collectibility; (b) subject as provided herein, Fujitsu may enforce this Guaranty upon an acceleration under the Credit Facility and a demand on the Fujitsu Primary Lender Obligation, or upon Fujitsu's advance of funds; and (
Guaranty Absolute; Continuing Guaranty. The liabilities of Weld under this Agreement with respect to the Guaranteed Obligations are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment in full of the Guaranteed Obligations. ▇▇▇▇ agrees that the guaranty under this Article VI is an absolute guaranty of payment and performance and not a guaranty of collection. The liability of Weld under this Article VI shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of any provision of this Agreement, any of the Transaction Documents, or any other agreement or instrument relating to this Agreement or any of the Transaction Documents; (b) any release or amendment or waiver of any term of any other guaranty of, or any consent to departure from any requirement of any other guaranty of, all or any of the Seller’s obligations under this Agreement or any of the Transaction Documents; (c) the absence of (i) any attempt to collect any Guaranteed Obligations from the Seller or from any other guarantor or (ii) any other action to enforce the same or the election of any remedy by the Purchaser; (d) any waiver, consent, extension, forbearance or granting of any indulgence by the Purchaser with respect to any provision of this Agreement or any of the Transaction Documents; (e) the election by the Purchaser in any proceeding under the Bankruptcy Code of the application of section 1111(b)(2) of the Bankruptcy Code; (f) the disallowance, under section 502 of the Bankruptcy Code, of all or any portion of the claims of the Purchaser for payment of any Guaranteed Obligation; (g) any defenses, set-offs or counterclaims which Weld may allege or assert against the Purchaser in respect of the Guaranteed Obligations (other than a defense of payment in full of the Guaranteed Obligations and any defense that Guarantor may assert pursuant to Section 6.1 hereof), including the failure of consideration, breach of warranty, payment, statute of frauds, statute of limitations, accord and satisfaction, or usury; or (h) any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor. In furtherance of the foregoing and without limiting the generality thereof, Guarantor agrees that: (x) the Purchaser may enforce the guaranty under this Article VI at any time with respect to any Guaranteed Obligations, without requir...
Guaranty Absolute; Continuing Guaranty. The obligations of Guarantor hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment in full of the Guarantied Obligations. In furtherance of the foregoing and without limiting the generality thereof, Guarantor agrees that:
(a) this Guaranty is a guaranty of payment when due and not of collectibility; (b) the obligations of Guarantor hereunder are independent of the obligations of Supplier under the TPPA and a separate action or actions may be brought and prosecuted against Guarantor whether or not any action is brought against the Supplier and whether or not the Supplier is joined in any such action or actions; and (
Guaranty Absolute; Continuing Guaranty. The obligations of AMD hereunder are absolute and independent and shall not be affected by any circumstance that constitutes a legal or equitable discharge of AMD other than payment in full of the Guarantied Obligations or termination of this Guaranty. In furtherance of
a) this Guaranty is a guaranty of payment when due and not of collectibility; (b) subject as provided herein, Fujitsu may enforce this Guaranty upon an acceleration under the Credit Facility and a demand on the Fujitsu Primary
Guaranty Absolute; Continuing Guaranty. The obligations of AMD hereunder are absolute and independent and shall not be affected by any circumstance that constitutes a legal or equitable discharge of AMD other than payment in full of the Guarantied Obligations or termination of this Guaranty. In furtherance of the foregoing and without limiting the generality thereof, AMD agrees that: (a) this Guaranty is a guaranty of payment when due and not of collectibility; (b) subject as provided herein, Fujitsu may enforce this Guaranty upon an acceleration under the Credit Facility and a demand on the Fujitsu Primary Lender Obligation, or upon Fujitsu's advance of funds; and (
