Guaranty Provisions Sample Clauses
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Guaranty Provisions. (a) In consideration of loans, advances or disbursements heretofore or hereafter granted by the Lender to the Borrower pursuant to the Master Loan Agreement, including any existing or future Supplements thereto, or otherwise and for other good and valuable consideration, the adequacy, sufficiency and receipt of which are hereby acknowledged, Guarantor hereby absolutely, unconditionally, irrevocably (except as otherwise expressly provided in Subsection 3(k) below), completely and immediately guarantees the prompt payment of, when due, whether by acceleration or otherwise, and the prompt payment and performance of the Obligations;
(b) Guarantor further agrees to pay to the Lender, upon demand, (i) all losses and reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses, incurred in attempting to cause the Obligations to be paid, performed or otherwise satisfied or in attempting to protect or preserve any property, personal or real, securing the Obligations and (ii) all losses and reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses, incurred in enforcing or endeavoring to enforce this Guaranty and any other Loan Document to which Guarantor is a party or in attempting to protect or preserve property pledged under any Loan Document to which Guarantor is a party;
(c) Guarantor expressly guarantees any sum or sums which become due and owing to the Lender as a result of any order of a bankruptcy court which requires the Lender to turn over moneys paid by the Borrower, Guarantor or any other person to the Lender on account of the Obligations. Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment by the Borrower or any other person to the Lender on account of the Obligations is rescinded or must otherwise be returned or restored upon the insolvency or bankruptcy of the Borrower or any other obligor, guarantor, endorser or surety of the Obligations, all as though such payment had not been made;
(d) Guarantor assents to all terms and agreements heretofore or hereafter made by the Borrower or any other guarantor of the Borrower with the Lender;
(e) Guarantor hereby consents to the following and agrees that its liability will not be affected or impaired by (i) the exchange, release or surrender of any collateral to the Borrower or any other person, including any other guarantor, pledgor or grantor, or...
Guaranty Provisions. Each Borrower acknowledges and agrees that, whether or not specifically indicated as such in a Loan Document, all Obligations shall be joint and several Obligations of each individual Borrower, and in furtherance of such joint and several Obligations, each Borrower hereby irrevocably guarantees the payment of all Obligations of each other Borrower as set forth below.
Guaranty Provisions. 2.1. Guaranty......................................................... 6 2.2. Guaranty Absolute, etc........................................... 6 2.3. Stay of Acceleration, Reinstatement, etc......................... 8 2.4. Waiver, etc...................................................... 8 2.5. Subrogation...................................................... 9 2.6. Successors, Transferees and Assigns; Transfers of Notes, etc..
Guaranty Provisions. 66 4.10.1. Guaranty.......................................................................... 66 4.10.2. Guaranty Absolute, etc............................................................ 67 4.10.3. Reinstatement, etc................................................................ 67 4.10.4. Waiver, etc....................................................................... 67 4.10.5. Postponement of Subrogation. etc.................................................. 68
Guaranty Provisions. In consideration of the services provided by JPMorgan under this Agreement, the Guarantor hereby absolutely, unconditionally and irrevocably guarantees (as primary obligor and not merely as surety) the due and punctual payment, when and as the same shall become due and payable, of each and every obligation of the Issuer hereunder (each of the foregoing being an “Obligation” and, collectively, the “Obligations”) at the time and place and otherwise in accordance with the terms of this Agreement and the Notes, irrespective of (i) the validity, binding effect, legality, enforceability or modification to, or amendment or waiver of, or compliance with, the Notes or this Agreement, (ii) whether the Notes or this Agreement shall have been duly executed by the respective parties thereto, (iii) any change in the existence or structure of, or the bankruptcy or insolvency of, the Issuer, (iv) the absence of any action to enforce any Obligation or the Notes or this Agreement or any collateral security or other guaranty thereof, (v) any extension, renewal, settlement, compromise, waiver or release in respect of any Obligation, the Notes or this Agreement, (vi) the existence of any claim, set-off, counterclaim or other right that the Guarantor may have against the Issuer, the noteholders or JPMorgan, or (vii) any other circumstance that might otherwise constitute a legal or equitable discharge or defense of the Guarantor. The Guarantor hereby agrees that upon default in the payment when due of any Obligation it will forthwith cause the payment of each and every Obligation to be made punctually to JPMorgan or the holder of a Note, as the case may be, when and as the same shall become due and payable, and as if such payment were made by the Issuer. The Guarantor hereby expressly waives presentment, demand, protest or notice of any kind whatsoever, as well as any requirement that the noteholders, or JPMorgan on behalf of the noteholders, file claims in the event of receivership or bankruptcy of the Issuer, or exhaust any right to take any action against the Issuer or with respect to any collateral at any time securing the Obligations or any other guaranty thereof; and the Guarantor hereby consents to any and all extensions of time of payment of any or all of the Obligations and to the release of any such collateral or other guaranty. This guaranty is a guaranty of payment and not of collection merely and shall be a continuing guaranty and, as such, shall remain operative an...
Guaranty Provisions. Each Borrower hereby jointly and severally irrevocably guarantees the payment of all Obligations as set forth in this Section 3.4.
Guaranty Provisions. SECTION 2.1.
Guaranty Provisions. (A) In consideration of the advances under the Loan made and to be made by CoBank to the Borrower pursuant to the Loan Agreement and for other good and valuable consideration, the adequacy, sufficiency and receipt of which are hereby acknowledged, MCTC hereby absolutely, unconditionally, directly, irrevocably, completely and immediately guarantees the full and prompt payment, when due, whether by acceleration or otherwise, and the prompt performance, of the Obligations; provided, however, that recourse hereunder is limited as provided in Section 3;
(B) MCTC further agrees to pay to CoBank, upon demand, all losses and reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and expenses, that may be incurred by CoBank in attempting to cause the Obligations to be paid, performed or otherwise satisfied or in attempting to cause satisfaction of MCTC's liability under this Guaranty or in attempting to protect or preserve any property, personal or real, securing the Obligations; provided, however, that recourse hereunder is limited as provided in Section 3;
(C) MCTC agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment by the Borrower or any other person to CoBank on account of the Obligations is rescinded or must otherwise be returned or restored by CoBank upon the insolvency or bankruptcy of the Borrower or any other obligor, guarantor, endorser or surety of the Obligations, all as though such payment had not been made; provided, however, that recourse hereunder is limited as provided in Section 3;
Guaranty Provisions. 46 3.4.1. Guaranty.......................................................46 3.4.2. Acceleration of Guaranty.......................................47 3.4.3. Guaranty Absolute, etc.........................................47 3.4.4. Reinstatement, etc.............................................48 3.4.5. Waiver, etc....................................................48 3.4.6. Postponement of Subrogation, etc...............................48
ARTICLE IV CERTAIN LIBO RATE AND OTHER PROVISIONS 4.1. LIBO Rate Lending Unlawful.....................................49 4.2. Deposits Unavailable...........................................49 4.3. Increased LIBO Rate Loan Costs, etc............................50 4.4. Funding Losses.................................................50 4.5.
Guaranty Provisions. Each Borrower acknowledges and agrees that, whether or not specifically indicated as such in a Loan Document, all Obligations shall be joint and several Obligations of each individual Borrower (except to the extent such joint liability for any such Obligations would constitute unlawful financial assistance prohibited by Section 151 of the English Companies ▇▇▇ ▇▇▇▇ or Article 161 of the Companies (Northern Ireland) Order 1986), and in furtherance of such joint and several Obligations, each Borrower hereby irrevocably guarantees the payment of all Obligations of each other Borrower as set forth below.