Guaranty of Payment and Performance and Not of Collection Clause Samples

Guaranty of Payment and Performance and Not of Collection. This is a Guaranty of payment and performance and not of collection. The liability of the Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other person, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns, except as otherwise provided herein. The Guarantor hereby waives any right to require that an action be brought against Borrower or any other person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of Borrower or any other person.

Guaranty of Payment and Performance and Not of Collection. This is an absolute, present and continuing guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other person, nor against any securities or liens available to Credit Parties or their permitted successors or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Credit Parties in favor of Borrower or any other person. Each Guarantor further agrees that nothing contained herein or otherwise shall prevent the Credit Parties from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under the Notes, Credit Agreement or any other Loan Documents, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of Guarantors’ obligations hereunder, it being the purpose and intent of Guarantors that the obligations of Guarantors hereunder shall be absolute, independent and unconditional under any and all circumstances whatsoever. None of Guarantors’ obligations under this Guaranty or any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of Borrower under the Notes, Credit Agreement or other Loan Documents or by reason of the bankruptcy of Borrower or by reason of any creditor or bankruptcy proceeding instituted by or against Borrower. This Guaranty shall continue to be effective or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to the Notes, Credit Agreement or any other Loan Document is rescinded or otherwise required to be returned by the Credit Parties upon the insolvency, bankruptcy, dissolution, liquidation, or reorganization of Borrower, or upon or as a result of the appointment of a receiver, intervenor, custodian or conservator of or trustee or similar officer for, Borrower or any substantial part of its property, or otherwise, all as though such payment to the Credit Parties had not been made, regardless of whether the Credit Parties contested the order requiring the return of such payment. Notwithstandi...

Guaranty of Payment and Performance and Not of Collection. This is a Guaranty of payment and performance and not of collection. The liability of Guarantors under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other Person, nor against securities or liens (if any) available to any Guaranteed Party, its successors, successors in title, endorsees or assigns. Guarantors hereby waive any right to require that an action be brought against Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of any Guaranteed Party in favor of Borrower or any other Person.

Guaranty of Payment and Performance and Not of Collection. This is a guaranty of payment and performance and not of collection. Upon the occurrence of a Springing Recourse Event, the liability of REIT under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against any Borrower or any other Person, nor against securities or liens available to Lender, its successors, successors in title, endorsees or assigns. REIT hereby waives any right to require that an action be brought against any Borrower or any other Person or to require that resort be had to any security or to any balance of any deposit account or credit on the books of Lender in favor of any Borrower or any other Person.

Guaranty of Payment and Performance and Not of Collection. This is a Guaranty of payment and performance and not of collection. The liability of Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Assignee or any other person, nor against securities or liens available to the Guaranteed Party, its successors, successors in title, endorsees or assigns. Guarantor hereby waives any right, whether legal or equitable, statutory or non-statutory, to require the Guaranteed Party to proceed against or take any action against or pursue any remedy with respect to Assignee or any other person or entity or make presentment or demand for performance or give any notice of nonperformance before the Guaranteed Party may enforce rights against Guarantor hereunder and, to the fullest extent permitted by law, any other defenses or benefits that may be derived from or afforded by applicable law limiting the liability of or exonerating guarantors or sureties, or which may conflict with the terms of this Section 2, including any rights and defenses which are or may become available to Guarantor by reason of California Civil Code §§ 2787 through 2855, 2899 and 3433. The unconditional obligation of Guarantor hereunder will not be affected, impaired or released by any extension, waiver, amendment or thing whatsoever which would release a guarantor or surety (other than performance). Guarantor shall not have any right to require the Guaranteed Party to obtain or disclose any information with respect to (i) the financial condition or character of the Guaranteed Party or any other person or entity or the ability of the Guaranteed Party or any other person or entity to pay and perform the obligations guaranteed hereby; (ii) the obligations guaranteed hereby; (iii) any collateral or other security for any or all of the obligations guaranteed hereby; (iv) the existence or nonexistence of any other guarantees of all or any part of the obligations guaranteed hereby; (v) any action or inaction on the part of the Guaranteed Party or any other person or entity; or (vi) any other matter, fact or occurrence whatsoever.

Guaranty of Payment and Performance and Not of Collection. This is a Guaranty of payment and performance and not of collection. The liability of Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon the pursuit of any remedies against Borrower or any other person, nor against securities or liens available to Agent or Lenders, its successors, successors in title, endorsees or assigns. ▇▇▇▇▇▇tor hereby waives any right to require that an action be brought against Borrower or any other person or to require that resort be had to any balance of any deposit account or credit on the books of Agent or Lenders in favor of Borrower or any Collateral securing the Obligations, including, without limitation, Collateral pursuant to the Deed to Secure Debt and Security Agreement and the Assignment of Leases and Rents, both of even date herewith from Guarantor to the Agent relating to the real property owned by Guarantor at Three Ravinia Drive, Atlanta, DeKalb County, Georgia.