Joint and Several Guaranty. If more than one person executes this Guaranty, the obligations of those persons under this Guaranty shall be joint and several. Lender, in its discretion, may (a) bring suit against Guarantor, or any one or more of the Persons constituting Guarantor, and any Other Guarantor, jointly and severally, or against any one or more of them; (b) compromise or settle with any one or more of the Persons constituting Guarantor, or any Other Guarantor, for such consideration as Lender may deem proper; (c) release one or more of the Persons constituting Guarantor, or any Other Guarantor, from liability; and (d) otherwise deal with Guarantor and any Other Guarantor, or any one or more of them, in any manner, and no such action shall impair the rights of Lender to collect from Guarantor any amount guaranteed by Guarantor under this Guaranty. Nothing contained in this paragraph shall in any way affect or impair the rights or obligations of Guarantor with respect to any Other Guarantor.
Joint and Several Guaranty. (A) Each Customer hereby jointly and severally guarantees to IBM Credit the prompt payment when due and the full, prompt, and faithful performance of any and all Obligations upon which any Customer is in any manner obligated, heretofore, now, or hereafter owned, contracted or acquired by IBM Credit pursuant to this Agreement, whether the same are individual, joint or several, primary, secondary, direct, contingent or otherwise. Each Customer irrevocably subordinates to the full payment of amounts due IBM Credit any and all rights to which it may be entitled, by operation of law or otherwise, upon making any payment hereunder (i) to be subrogated to the rights of IBM Credit against another Customer hereto with respect to such payment or otherwise to be reimbursed, indemnified or exonerated by another Customer in respect thereof, or (ii) to receive any payment, in the nature of contribution or for any other reason, from another Customer hereto with respect to such payment.
Joint and Several Guaranty. The liability of each Guarantor executing this Guaranty shall be joint and several and the term "Guarantor" shall mean each and all such Guarantors.
Joint and Several Guaranty. 1. In the event Lessee has joint and several guarantor(s) (“Guarantor”), Guarantor shall be jointly and severally liable for all obligations of Lessee towards Lessor during the term of this Agreement and any renewal terms thereof, regardless of any changes in the terms and conditions or subject matter of the lease.
Joint and Several Guaranty. Each of the Guarantors shall have executed and delivered to you a guaranty agreement with respect to the Notes (as amended from time to time, the "Joint and Several Guaranty"), in the form of Exhibit E.
Joint and Several Guaranty. (A) Each Customer hereby agrees that such customer is jointly and severally liable for, and hereby jointly and severally and unconditionally guarantees to IBM Credit the prompt payment when due and the full, prompt, and faithful performance of any and all Obligations upon which any Customer is in any manner obligated, heretofore, now, or hereafter owned, contracted or acquired by IBM Credit pursuant to this Agreement and the Existing Agreements, whether the same are individual, joint or several, primary, secondary, direct, contingent or otherwise. Each Customer irrevocably subordinates to the full payment of amounts due IBM Credit any and all rights to which it may be entitled, by operation of law or otherwise, upon making any payment hereunder (i) to be subrogated to the rights of IBM Credit against another Customer hereto with respect to such payment or otherwise to be reimbursed, indemnified or exonerated by another Customer in respect thereof, or (ii) to receive any payment, in the nature of contribution or for any other reason, from another Customer hereto with respect to such payment.
Joint and Several Guaranty. Customer acknowledges that the transactions contemplated by this Amendment confer a substantial direct and indirect benefit to the Existing Borrowers and the Restricted Subsidiaries and that IBM Credit is relying on the joint and several guaranty of Customer in executing this Amendment. The Restricted Subsidiaries explicitly acknowledge and agree to be bound by Section 7.17 of the Agreement (Joint and Several Guaranty). Notwithstanding the foregoing, it is understood that the guaranty by the Restricted Subsidiaries of the Obligations of the Existing Borrowers shall not exceed the principal sum of Twenty Million Dollars ($20,000,000) minus the amount of funds, if any, borrowed by the Restricted Subsidiaries under the Credit Line established in this Amendment (such outstanding Obligations directly borrowed by or attributed to the Restricted Subsidiaries shall be referred to herein as the "Primary Obligations"). Such amount guaranteed shall be exclusive of interest, fees, and expenses of collection, it being expressly understood and agreed that the Restricted Subsidiaries shall be liable for the same. It is understood that the Obligations may from time to time exceed $20,000,000, without impairing or affecting the guaranty. The Restricted Subsidiaries' guaranty of the Obligations of the Existing Borrowers shall terminate upon the receipt by IBM Credit of (1) the payment by the Restricted Subsidiaries for all of the Primary Obligations, as provided in Section 14 hereof, and (2) the payment by the Existing Borrowers of any existing Shortfall (as defined in the Agreement) attributed to the Existing Borrowers.
Joint and Several Guaranty. (A) Each Borrower hereby jointly and severally guarantees to IBM Credit the prompt payment when due and the full, prompt, and faithful performance of any and all Obligations upon which the other Borrower is in any manner obligated, heretofore, now, or hereafter owned, contracted or acquired by IBM Credit, whether the same are individual, joint or several, primary, secondary, direct, contingent or otherwise. Each Borrower irrevocably waives any and all rights to which it may be entitled, by operation of law or otherwise, upon making any payment hereunder (i) to be subrogated to the rights of IBM Credit against the other Borrower hereto with respect to such payment, in each such case, until such time as all Obligations have been paid in full or otherwise to be reimbursed, indemnified or exonerated by the other Borrower in respect thereof, or (ii) to receive any payment, in the nature of contribution or for any other reason, from the other Borrower hereto with respect to such payment.
Joint and Several Guaranty. All obligations of the Guarantors under this Guaranty shall be joint and several.
Joint and Several Guaranty. (A) Each Loan Party hereby jointly and severally guarantees to IBM Credit the prompt payment when due and the full, prompt, and faithful performance of any and all Obligations upon which any Loan Party is in any manner obligated, heretofore, now or hereafter owned, contracted or acquired by IBM Credit pursuant to this Agreement, whether the same are individual, joint or several, primary, secondary, direct, contingent or otherwise. Each Loan Party irrevocably subordinates to the full payment of amounts due IBM Credit any and all rights to which it may be entitled, by operation of law or otherwise, upon making any payment hereunder (i) to be subrogated to the rights of IBM Credit against another Loan Party hereto with respect to such payment or otherwise to be reimbursed, indemnified or exonerated by another Loan Party in respect thereof, or (ii) to receive any payment, in the nature of contribution or for any other reason, from another Loan Party hereto with respect to such payment.
