Common use of Liabilities Guaranteed Clause in Contracts

Liabilities Guaranteed. Guarantor, jointly and severally (if more than one), hereby guarantees and becomes surety to TCA 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 AQLV under the Purchase Agreement and the other 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. TCA 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 AQLV or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of AQLV, any other Person, and the availability of other collateral security for the Debentures and the other Transaction Documents.

Appears in 2 contracts

Samples: Guaranty Agreement (Aqualiv Technologies, Inc.), Guaranty Agreement (Aqualiv Technologies, Inc.)

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Liabilities Guaranteed. GuarantorGuarantors, jointly and severally (if more than one), hereby guarantees guarantee and becomes become surety to TCA for the full, prompt and unconditional un conditional 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 AQLV MHCC under the Purchase Agreement and the other Transaction Documents. This Guaranty is a primary obligation of Guarantor each of the Guarantors and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. TCA may require Guarantor Guarantors, or any one of them, to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor any of the Guarantors without being required to bring any proceeding or take any action against AQLV MHCC or any other Person prior thereto; the liability of each Guarantor hereunder being independent of and separate from the liability of AQLVMHCC, any other Person, and the availability of other collateral security for the Debentures Note and the other Transaction Documents.

Appears in 1 contract

Samples: Guaranty Agreement (Millennium Healthcare Inc.)

Liabilities Guaranteed. Guarantor, jointly and severally (if more than one), hereby guarantees and becomes surety to TCA Buyers 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 AQLV Company under the Purchase Agreement and the other 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. TCA Buyers 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 AQLV Company or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of AQLVCompany, any other Person, and the availability of other collateral security for the Debentures Notes and the other Transaction Documents.

Appears in 1 contract

Samples: Guaranty Agreement (Commercetel Corp)

Liabilities Guaranteed. Guarantor, jointly and severally (if more than one), Guarantor hereby guarantees and becomes surety to TCA 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 AQLV Borrower under the Purchase Agreement Notes (as herein defined) and the other Transaction DocumentsCredit 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. TCA Agent, in accordance with the Credit Agreement, 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 AQLV 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 AQLVBorrower, any other Personguarantor or person, and the availability of other collateral security for the Debentures and the other Transaction DocumentsNote.

Appears in 1 contract

Samples: Guaranty Agreement (Avatar Holdings Inc)

Liabilities Guaranteed. GuarantorGuarantors, jointly and severally (if more than one), hereby guarantees guarantee and becomes become surety to TCA 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 AQLV PSID under the Purchase Agreement and the other Transaction Documents. This Guaranty is a primary obligation of Guarantor each of the Guarantors and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. TCA may require Guarantor Guarantors, or any one of them, to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor any of the Guarantors without being required to bring any proceeding or take any action against AQLV PSID or any other Person prior thereto; the liability of each Guarantor hereunder being independent of and separate from the liability of AQLVPSID, any other Person, and the availability of other collateral security for the Debentures Debenture and the other Transaction Documents.

Appears in 1 contract

Samples: Guaranty Agreement (POSITIVEID Corp)

Liabilities Guaranteed. Guarantor, jointly and severally (if more than one)severally, hereby guarantees and becomes surety to TCA the Lenders for the full, prompt and unconditional payment of the LiabilitiesLiabilities (as defined 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 AQLV Borrower under the Purchase Agreement and the other Transaction DocumentsLoan Documents (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. TCA The Lenders 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 AQLV 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 AQLVBorrower, any other Personguarantor or person, and the availability of other collateral security for the Debentures Notes and the other Transaction Loan Documents.

Appears in 1 contract

Samples: Guaranty Agreement (Igi Inc)

Liabilities Guaranteed. GuarantorGuarantors, jointly and severally (if more than one), hereby guarantees guarantee and becomes become surety to TCA 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 AQLV CPT under the Purchase Agreement and the other Transaction Documents. This Guaranty is a primary obligation of Guarantor each of the Guarantors and shall be a continuing inexhaustible Guaranty. This is a guaranty of payment and not of collection. TCA may require Guarantor Guarantors, or any one of them, to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately against Guarantor any of the Guarantors without being required to bring any proceeding Proceeding or take any action against AQLV CPT or any other Person prior thereto; the liability of each Guarantor hereunder being independent of and separate from the liability of AQLVCPT, any other Person, and the availability of other collateral security for the Debentures Debenture and the other Transaction Documents.

Appears in 1 contract

Samples: Guaranty Agreement (Cyclone Power Technologies Inc)

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Liabilities Guaranteed. Guarantor, jointly and severally (if more than one), Guarantor hereby guarantees and becomes surety to TCA 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 AQLV Company under the Purchase Agreement Debentures and the other 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. TCA 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 AQLV Company or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of AQLVCompany, any other guarantor, any other Person, and the availability of other collateral security for the Debentures and the other Transaction Documents. For the avoidance of doubt, personal liability shall be restricted to the provisions contained in the Validity Certificate.

Appears in 1 contract

Samples: Form of Guaranty Agreement (Growlife, Inc.)

Liabilities Guaranteed. 1.1. Guarantor, jointly and severally (if more than one)severally, hereby guarantees and becomes surety to TCA Lender for the full, prompt and unconditional payment of the LiabilitiesLiabilities (as defined 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 AQLV Borrower under the Purchase Agreement and the other Transaction DocumentsLoan Documents (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. TCA 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 AQLV 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 AQLVBorrower, any other Personguarantor or person, and the availability of other collateral security for the Debentures Note and the other Transaction Loan Documents.

Appears in 1 contract

Samples: Guaranty Agreement (Comstock Homebuilding Companies, Inc.)

Liabilities Guaranteed. Guarantor, jointly and severally (if more than one), hereby guarantees and becomes surety to TCA 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 AQLV RXMD under the Purchase Agreement Note and the other 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. TCA 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 AQLV RXMD or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of AQLVRXMD, any other Person, and the availability of other collateral security for the Debentures Note and the other Transaction Documents.

Appears in 1 contract

Samples: Guaranty Agreement (Progressive Care Inc.)

Liabilities Guaranteed. Guarantor, jointly and severally (if more than one), hereby guarantees and becomes surety to TCA 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 AQLV Dynamic under the Purchase Agreement and the other 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. TCA 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 AQLV Dynamic or any other Person prior thereto; the liability of Guarantor hereunder being independent of and separate from the liability of AQLVDynamic, any other Person, and the availability of other collateral security for the Debentures and the other Transaction Documents.

Appears in 1 contract

Samples: Guaranty Agreement (Dynamic Ventures Corp.)

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