Common use of Liabilities Guaranteed Clause in Contracts

Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lender for the full, prompt and unconditional payment of the Liabilities, when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower under the Notes and the other Loan Documents. This Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Lender may require Guarantor to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of Borrower, any other guarantor, any other Person, and the availability of other collateral security for the Notes and the other Loan Documents.

Appears in 10 contracts

Samples: Guaranty Agreement (Medytox Solutions, Inc.), Guaranty Agreement (Medytox Solutions, Inc.), Guaranty Agreement (Medytox Solutions, Inc.)

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Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lender for the full, prompt and unconditional payment of the LiabilitiesLiabilities and payment and performance of the Obligations, when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower under the Notes Note and the other Loan Documents. This Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Lender may require Guarantor to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of Borrower, any other guarantor, any other Person, and the availability of other collateral security for the Notes Note and the other Loan Documents.

Appears in 4 contracts

Samples: Guaranty Agreement (Pharmagen, Inc.), Guaranty Agreement (Pharmagen, Inc.), Guaranty Agreement (Hypertension Diagnostics Inc /Mn)

Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lender Buyer for the full, prompt and unconditional payment of the LiabilitiesLiabilities and payment and performance of the Obligations, when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower Company under the Notes Debentures and the other Loan Transaction Documents. This Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Lender Buyer may require Guarantor to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower Company or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of BorrowerCompany, any other guarantor, any other Person, and the availability of other collateral security for the Notes Debentures and the other Loan Transaction Documents.

Appears in 4 contracts

Samples: Security Agreement (Preferred Restaurant Brands, Inc.), Guaranty Agreement (Rennova Health, Inc.), Guaranty Agreement (Medytox Solutions, Inc.)

Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lender Lenders for the full, prompt and unconditional payment of the Liabilities, when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower under the Notes (as herein defined) and the other Loan DocumentsCredit Agreement. This Restated Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Lender Agent, in accordance with the Credit Agreement, may require Guarantor to pay and perform its liabilities and obligations under this Restated Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower Borrower, any other guarantor or any other Person person, entity or property prior thereto; , the liability of Guarantor hereunder being joint and several, and independent of and separate from the liability of Borrower, any other guarantor, any other Personguarantor or person, and the availability of other collateral security for the Notes and the other Loan DocumentsNotes.

Appears in 2 contracts

Samples: Guaranty Agreement (Avatar Holdings Inc), Guaranty Agreement (Avatar Holdings Inc)

Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lender for the full, prompt and unconditional payment of the LiabilitiesLiabilities and payment and performance of the Obligations, when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower under the Notes Note and the other Loan Documents. This The Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Lender may require Guarantor to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of Borrower, any other guarantor, any other Person, and the availability of other collateral security for the Notes Note and the other Loan Documents.

Appears in 1 contract

Samples: Pledge Agreement (Revolutionary Concepts Inc)

Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lender for the full, prompt and unconditional payment of the Liabilities, when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower under the Notes and the other Loan DocumentsObligations. This Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Subject to the terms of this Guaranty and upon the occurrence and during the continuation of an Event of Default, Lender may require Guarantor to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of Borrower, any other guarantor, any other Person, and the availability of other collateral security for the Notes Note and the other Loan Documents.

Appears in 1 contract

Samples: Guaranty Agreement (RiceBran Technologies)

Liabilities Guaranteed. Guarantor hereby Guarantorhereby guarantees and becomes surety to Lender for the full, prompt and unconditional payment of the Liabilities, when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower under the Notes theNotes and the other Loan DocumentsLoanDocuments. This Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Lender may require Guarantor to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of Borrower, any other guarantor, any other Person, and the availability of other collateral security for the Notes and Notesand the other Loan DocumentsLoanDocuments.

Appears in 1 contract

Samples: Guaranty Agreement (Medytox Solutions, Inc.)

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Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lender for the full, prompt and unconditional payment of the Liabilities, when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower under the Notes and the other Loan Documents. This Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Lender may require Guarantor to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of Borrower, any other guarantor, {25963777;1} any other Person, and the availability of other collateral security for the Notes and the other Loan Documents.

Appears in 1 contract

Samples: Guaranty Agreement (Medytox Solutions, Inc.)

Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lender Bank for the full, prompt and unconditional payment of the LiabilitiesLiabilities (as defined and limited below), when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower under the Notes and the other Loan DocumentsDocuments (as defined below). This Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Lender Bank may require Guarantor to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower Borrower, any other Guarantor or any other Person person, entity or property prior thereto; , the liability of Guarantor hereunder being joint and several, and independent of and separate from the liability of Borrower, any other guarantor, any other PersonGuarantor or person, and the availability of other collateral security for the Notes Note and the other Loan Documents.

Appears in 1 contract

Samples: Construction Loan Agreement (Arvida JMB Partners L P)

Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lender for the full, prompt and unconditional payment of the Liabilities, when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower under the Notes and the other Loan DocumentsLC Agreement. This Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Lender may require Guarantor to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower Borrower, any other guarantor or any other Person person, entity or property prior thereto; , the liability of Guarantor hereunder being joint and several, and independent of and separate from the liability of Borrower, any other guarantor, any other Personguarantor or person, and the availability of other collateral security for the Notes and the other Loan DocumentsLC Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Avatar Holdings Inc)

Liabilities Guaranteed. Guarantor The Guarantors hereby guarantees jointly and becomes severally guarantee and become surety to Lender Buyer for the full, prompt and unconditional payment and performance of the LiabilitiesObligations, when and as the same shall become due, whether at the stated maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each term and condition to be performed by Borrower Company under the Notes Debentures and the other Loan Transaction Documents. This Guaranty is a primary obligation of Guarantor and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. Lender Buyer may require Guarantor to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor without being required to bring any proceeding or take any action against Borrower Company or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of BorrowerCompany, any other guarantor, any other Person, and the availability of other collateral security for the Notes Debentures and the other Loan Transaction Documents.

Appears in 1 contract

Samples: Guaranty Agreement (SurePure, Inc.)

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