Common use of Guaranty and Suretyship Clause in Contracts

Guaranty and Suretyship. Each Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees and becomes surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against the Borrower or any other Person or any other event or circumstance. The obligations of the Guarantors under this Agreement are direct and primary obligations of each Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any Guarantor regardless of whether action is brought against the Borrower or any other Person or whether the Borrower or any other Person is joined in any such action or actions.

Appears in 3 contracts

Samples: Credit Agreement (Black Box Corp), Guaranty and Suretyship Agreement (Black Box Corp), Guaranty and Suretyship Agreement (Black Box Corp)

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Guaranty and Suretyship. Each The Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees and becomes surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is The obligations of the Guarantor hereunder constitute an agreement of suretyship as well as of guaranty, is are a guarantee of payment and performance and not merely of collectibilitycollectability, and is are in no way conditioned upon any attempt to collect from or proceed against the Borrower or any other Person or any other event or circumstance. The obligations of the Guarantors under this Agreement Guarantor hereunder are direct and primary obligations of each the Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any the Guarantor regardless of whether action is brought against the Borrower or any other Person or whether the Borrower or any other Person is joined in any such action or actions.

Appears in 3 contracts

Samples: Credit Agreement (Black Box Corp), Credit Agreement (Black Box Corp), Omnibus Credit Facility Agreement (Black Box Corp)

Guaranty and Suretyship. Each Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees and becomes surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against the Borrower Borrowers or any other Person or any other event or circumstance. The obligations of the Guarantors under this Agreement are direct and primary obligations of each Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any Guarantor regardless of whether action is brought against the Borrower Borrowers or any other Person or whether the Borrower Borrowers or any other Person is joined in any such action or actions.

Appears in 2 contracts

Samples: Guaranty and Suretyship Agreement (Black Box Corp), Guaranty and Suretyship Agreement (Black Box Corp)

Guaranty and Suretyship. Each The Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees and becomes surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against the any Borrower or any other Person or any other event or circumstance. The obligations of the Guarantors Guarantor under this Agreement are direct and primary obligations of each the Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any the Guarantor regardless of whether action is brought against the any Borrower or any other Person or whether the such Borrower or any other Person is joined in any such action or actions.

Appears in 2 contracts

Samples: Guaranty and Suretyship Agreement (Curtiss Wright Corp), Guaranty and Suretyship Agreement (Curtiss Wright Corp)

Guaranty and Suretyship. Each The Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees and becomes surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against the Borrower Borrowers or any other Person or any other event or circumstance. The obligations of the Guarantors Guarantor under this Agreement are direct and primary obligations of each the Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any the Guarantor regardless of whether action is brought against the Borrower Borrowers or any other Person or whether the Borrower Borrowers or any other Person is joined in any such action or actions.

Appears in 2 contracts

Samples: Guaranty and Suretyship Agreement (Black Box Corp), Guaranty and Suretyship Agreement (Black Box Corp)

Guaranty and Suretyship. Each The Guarantor hereby jointly and severally absolutely, ---------------------------- unconditionally and irrevocably guarantees and becomes surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against the Borrower Borrowers or any other Person or any other event or circumstance. The obligations of the Guarantors Guarantor under this Agreement are direct and primary obligations of each the Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any the Guarantor regardless of whether action is brought against the Borrower Borrowers or any other Person or whether the Borrower Borrowers or any other Person is joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (C Cor Net Corp)

Guaranty and Suretyship. Each Guarantor hereby The Guarantors jointly and severally hereby absolutely, unconditionally and irrevocably guarantees guarantee and becomes become surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against the Borrower or any other Person Persons or any other event or circumstance. The obligations of the Guarantors under this Agreement are direct and primary obligations of each Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any Guarantor one or more of the Guarantors regardless of whether action is brought against the Borrower Borrower, any other Guarantors or any other Person Persons or whether the Borrower Borrower, any other Guarantors or any other Person is Persons are joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (Novacare Employee Services Inc)

Guaranty and Suretyship. Each The Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees and becomes surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against the Borrower or any other Person or any other event or circumstance. The obligations of the Guarantors Guarantor under this Agreement are direct and primary obligations of each the Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any the Guarantor regardless of whether action is brought against the Borrower or any other Person or whether the Borrower or any other Person is joined in any such action or actions.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Black Box Corp)

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Guaranty and Suretyship. Each Guarantor hereby The Guarantors jointly and severally ----------------------- hereby absolutely, unconditionally and irrevocably guarantees guarantee and becomes become surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against the Borrower or any other Person or any other event or circumstance. The obligations of the Guarantors under this Agreement are direct and primary obligations of each Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any Guarantor one or more of the Guarantors regardless of whether action is brought against the Borrower Borrower, any other Guarantor or any other Person or whether the Borrower Borrower, any other Guarantor or any other Person is joined in any such action or actions.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Mariner Post Acute Network Inc)

Guaranty and Suretyship. Each Guarantor Subject to the limitations set forth in Section 4.17 hereof, the Guarantors hereby jointly and severally absolutely, unconditionally and irrevocably guarantees guarantee and becomes become surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan DocumentsObligations. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against the Borrower or any other Person Persons or any other event or circumstance. The obligations of the Guarantors under this Agreement are direct and primary obligations of each Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any Guarantor one or more of the Guarantors regardless of whether action is brought against the Borrower Borrower, any other Guarantor or any other Person Persons or whether the Borrower Borrower, any other Guarantor or any other Person is Persons are joined in any such action or actions.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Valley Forge Dental Associates Inc)

Guaranty and Suretyship. Each The Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees and becomes surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibilitycollectability, and is in no way conditioned upon any attempt to collect from or proceed against the Borrower or any other Person or any other event or circumstance. The obligations of the Guarantors Guarantor under this Agreement are direct and primary obligations of each the Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any the Guarantor regardless of whether action is brought against the Borrower or any other Person or whether the Borrower or any other Person is joined in any such action or actions.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Black Box Corp)

Guaranty and Suretyship. Each Guarantor hereby The Guarantors jointly and severally hereby absolutely, unconditionally and irrevocably guarantees guarantee and becomes become surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against the Borrower or any other Person or any other event or circumstance. The obligations of the Guarantors under this Agreement are direct and primary obligations of each Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any Guarantor one or more of the Guarantors regardless of whether action is brought against the Borrower Borrower, any other Guarantor or any other Person or whether the Borrower Borrower, any other Guarantor or any other Person is joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (Louisville Gas & Electric Co /Ky/)

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