Common use of Liabilities Guaranteed Clause in Contracts

Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Bank for the full, prompt and unconditional payment of the Liabilities (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 and every term and condition of every transaction to be kept and performed by the Company under the Reimbursement Agreement and the other Loan Documents (as defined below). This Guaranty is a primary obligation of Guarantor and shall be a continuing Guaranty. 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 the Company, any collateral, security for the Company's obligations under the Reimbursement Agreement and the other Loan Documents, any other guarantor or any other person, entity or property prior thereto, the liability of Guarantor hereunder being joint and several, and independent of and separate from the liability of the Company, and any other guarantor or person and the availability of such collateral.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Burlington Coat Factory Warehouse Corp)

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Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Bank for the full, prompt and unconditional payment of the Liabilities (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 and every term and condition of every transaction to be kept and performed by the Company under the Reimbursement Agreement and the other Loan Documents (as defined below). This Guaranty is a primary obligation of Guarantor and shall be a continuing Guaranty. 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 the Company, any collateral, security for the Company's obligations under the Reimbursement Agreement and the other Loan Documents, any other guarantor or any other personotherperson, entity or property prior thereto, the liability of Guarantor hereunder being joint and several, and independent of and separate from the liability of the Company, and any other guarantor or person and the availability of such collateral.

Appears in 1 contract

Samples: Guaranty and Suretyship Agreement (Burlington Coat Factory Warehouse Corp)

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