Guaranty of Performance. This Guaranty is a guaranty of payment and performance and not of collection and Guarantor waives any right to require that any action against Lessee or any Lessee Affiliate be taken or exhausted prior to action being taken against Guarantor.
Appears in 2 contracts
Samples: Common Terms Agreement (Kitty Hawk Inc), Common Terms Agreement (Kitty Hawk Inc)
Guaranty of Performance. This Guaranty is a guaranty of payment and performance and not of collection and Guarantor waives any right to require that any action against Lessee or any Lessee Affiliate be taken or exhausted prior to action being taken against Guarantor. Guarantor shall pay to each Beneficiary on demand all reasonable attorneys’ fees and other reasonable expenses incurred by such Beneficiary in successfully enforcing its rights and remedies hereunder.
Appears in 2 contracts
Samples: Common Terms Agreement (Airtran Airways Inc), Common Terms Agreement (Airtran Airways Inc)
Guaranty of Performance. This Guaranty is a guaranty of payment and performance and not of collection and Guarantor waives any right to require that any action against Lessee or any Lessee Affiliate be taken or exhausted prior to action being taken against Guarantor. Guarantor shall pay to each Guaranty Beneficiary on demand all reasonable attorneys' fees and other reasonable expenses incurred by such Guaranty Beneficiary in exercising its rights and remedies provided hereunder, together with interest on such sums as the Interest Rate, from the date of demand by Lessor.
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