Guaranty of Liabilities. 2.1 Guarantor hereby absolutely and unconditionally guarantees full and punctual payment and performance when due of the following (collectively, the “Liabilities”):
Guaranty of Liabilities. 2.1 Guarantor hereby absolutely and unconditionally guarantees full payment of the following (collectively, the “Liabilities”): (i) the Recourse Liabilities (whether arising under the original Loan or any extension, modification, future advance, increase, amendment or modification thereof); (ii) interest due on amounts owing under any such Recourse Liabilities at the Default Rate, (iii) all expenses, including reasonable attorneys’ fees, incurred by Lender in connection with the enforcement of any of Lender’s rights under this Guaranty; and (iv) to the extent the same relate to amounts or obligations owing under the Recourse Liabilities, all Administration and Enforcement Expenses.
Guaranty of Liabilities. The obligations of Guarantor hereunder are primary and not contingent. Guarantor acknowledges and agrees that this Guaranty is intended to be a contract of suretyship and that the Guarantor has agreed to act as a surety to the Bank. The Guarantor hereby absolutely, irrevocably and unconditionally guarantees to the Bank the full, complete and punctual payment and performance when and as due, whether at the stated date or dates for such payment, by acceleration or otherwise, each and all of the Liabilities. If for any reason the Liabilities are unenforceable against the Borrower, then in said event, this Guaranty shall nevertheless be binding upon the Guarantor to the same extent as if the Guarantor had been the principal obligor of such Liability. To the degree any Loan proceeds are used to purchase equipment to be owned by the Guarantor, upon request by the Bank, the Guarantor shall execute a Security Agreement and Uniform Commercial Code Financing Statements appropriate to such transaction.
Guaranty of Liabilities. The Guarantor hereby unconditionally guarantees and becomes surety for the full and prompt payment to the Agent and the Banks at maturity, whether by acceleration or otherwise, and at all times thereafter, and upon a Default hereunder, of the Employee Loans and all indebtedness, obligations and liabilities of the Employee Borrowers to the Agent and the Banks, whether now existing or hereafter created or arising, matured or unmatured, and whether absolute or contingent, joint, several, or joint and several, arising out of the financing by the Agent and the Banks of the acquisition by the Employee Borrowers of any shares of stock issued or to be issued by the Guarantor (all of which are hereinafter called the "Guaranteed Debt"). In the event any Employee Borrower shall at any time fail to pay the Agent or any Bank any principal of or interest on or other sums constituting any Guaranteed Debt at its maturity, whether by acceleration or otherwise, or in the event of any Default hereunder as defined herein, the Guarantor promises to pay such amount to the Agent and such Bank forthwith on demand, in the same manner as if the Guaranteed Debt constituted the direct and primary liability of the Guarantor, this being a guaranty of payment rather than of collection.
Guaranty of Liabilities. (a) Developer hereby unconditionally guarantees the prompt payment of the redemption price of the Bonds, plus interest to the date of redemption and all other amounts payable, solely upon either (i) a Redemption Resulting from Special Assessment Prepayments pursuant to Section 3.05 of the Indenture or (ii) an Extraordinary Redemption on Taxability Event pursuant to Section 3.07 of the Indenture (collectively, the “Liabilities”). Developer agrees that its guaranty of the Liabilities hereunder is a guaranty of payment and not of collection, and that its obligations under this Article VI shall be primary, absolute and unconditional, irrespective of and unaffected by:
Guaranty of Liabilities. The first line of Section 2.1 is hereby modified by inserting “, subject to the conditions set forth herein,” between “guarantees” and “full”. The third line of Section 2.1(a)(vii) is hereby modified by inserting “to the extent that Borrower or Guarantor has received Rents or other funds from the Property and fails to use such funds for such purposes” between “Property” and “(unless”. The second line of Section 2.1(b)(D) is hereby modified by inserting “during ordinary business hours following any notice that may be required under the Loan Agreement” between “Property” and “, fails”.
Guaranty of Liabilities. The first line of Section 2.1 is hereby modified by inserting “, subject to the conditions set forth herein,” between “guarantees” and “full”.
Guaranty of Liabilities. 2.1 Guarantor hereby absolutely and unconditionally guarantees full payment of the following (collectively, the “Liabilities”): (i) the Recourse Liabilities (whether arising under the original Loan or any extension, modification, future advance, increase, amendment or modification thereof); (ii) interest due on amounts owing under any such Recourse Liabilities at the Default Rate, (iii) all reasonable out-of-pocket expenses, including reasonable out-of-pocket attorneys’ fees, incurred by Lender in connection with the enforcement of any of Lender’s rights under this Guaranty; and (iv) to the extent the same directly and solely relate to amounts or obligations owing under Recourse Liabilities, all reimbursement and indemnification obligations of Borrower set forth in Section 10.13 of the Loan Agreement.
Guaranty of Liabilities. 2.1 Guarantor hereby absolutely and unconditionally guarantees full and punctual payment and performance when due of the following (collectively, the “Liabilities”): (a) all payments due under the Note, including the repayment of all additional advances of any kind that may be made by Lender to Borrower, whether at stated maturity, by acceleration or otherwise, (b) any and all renewals or extensions of any such item of indebtedness or obligation or any part thereof, (c) all obligations and indebtedness of any kind or nature arising under any of the Loan Documents; (d) any future advances that may be made by Lender related to the Loan or the Collateral, whether made to protect the security or otherwise, and whether or not evidenced by additional promissory notes or other evidences of indebtedness; (e) all interest due on all of the same; (f) all expenses, including attorney’s fees, incurred by Lender in connection with the enforcement of Lender’s rights under this Guaranty and all Administration and Enforcement Expenses.
Guaranty of Liabilities. 2.1 The Guarantor hereby guarantees to the Tenant the full, complete and punctual payment (and not merely the collectibility) of each and all of the Guaranteed Obligations in the event that (i) Xxxxxx Xxxxxxx Mortgage Capital, Inc. (“Lender”), which is party to that certain Subordination, Non Disturbance and Attornment Agreement dated as of , 2008 by and between Lender and the Tenant, forecloses on the Property, takes a deed in lieu of foreclosure or otherwise succeeds to Landlord’s interest under the Lease, (ii) Lender has not agreed to fund the Construction Allowance, and (iii) Lender does not in fact fund any portion of the Construction Allowance when due within the period required pursuant to the Lease. Subject to the preceding sentence, Guarantor hereby covenants and agrees that it is liable for the Guaranteed Obligations as a primary obligor and not merely as a surety.
