Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to 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 Credit 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. 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 Borrower, 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 Borrower, any other guarantor or person, and the availability of other collateral security for the Note.
Appears in 1 contract
Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lenders Bank 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 and every term and condition of every transaction to be kept and performed by Borrower the Company under the Notes Reimbursement Agreement and the other Loan Documents (as herein defined) and the Credit Agreementdefined 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. Agent, in accordance with the Credit Agreement, 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 Borrowerthe 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 Borrowerthe Company, and any other guarantor or person, person and the availability of other collateral security for the Notesuch collateral.
Appears in 1 contract
Sources: Guaranty and Suretyship Agreement (Burlington Coat Factory Warehouse Corp)
Liabilities Guaranteed. Guarantor hereby guarantees and becomes surety to Lenders Bank 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 and every term and condition of every transaction to be kept and performed by Borrower the Company under the Notes Reimbursement Agreement and the other Loan Documents (as herein defined) and the Credit Agreementdefined 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. Agent, in accordance with the Credit Agreement, 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 Borrowerthe 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 Borrowerthe Company, any other guarantor or person, person and the availability of other collateral security for the Notesuch collateral.
Appears in 1 contract
Sources: Guaranty and Suretyship Agreement (Burlington Coat Factory Warehouse Corp)