Liability of Guarantor Sample Clauses
Liability of Guarantor. The liability of the Guarantor under this Guaranty shall be irrevocable, absolute, independent and unconditional, and shall not be affected by any circumstance which might constitute a discharge of a surety or guarantor other than the indefeasible payment and performance in full of all Guaranteed Obligations. In furtherance of the foregoing and without limiting the generality thereof, the Guarantor agrees as follows:
(a) the Guarantor’s liability hereunder shall be the immediate, direct, and primary obligation of the Guarantor and shall not be contingent upon any Guaranteed Party’s exercise or enforcement of any remedy it may have against any Designated Borrower or any other Person, or against any Collateral;
(b) this Guaranty is a guaranty of payment when due and not merely of collectibility;
(c) the Guaranteed Parties may enforce this Guaranty upon the occurrence and during the continuance of an Event of Default notwithstanding the existence of any dispute between any of the Guaranteed Parties and any Designated Borrower with respect to the existence of such Event of Default;
(d) the Guarantor’s payment of a portion, but not all, of the Guaranteed Obligations shall in no way limit, affect, modify or abridge the Guarantor’s liability for any portion of the Guaranteed Obligations remaining unsatisfied; and
(e) the Guarantor’s liability with respect to the Guaranteed Obligations shall remain in full force and effect without regard to, and shall not be impaired or affected by, nor shall the Guarantor be exonerated or discharged by, any of the following events:
(i) any Insolvency Proceeding with respect to any Designated Borrower, the Guarantor, any other Loan Party or any other Person;
(ii) any limitation, discharge, or cessation of the liability of any Designated Borrower, the Guarantor, any other Loan Party or any other Person for any Guaranteed Obligations due to any statute, regulation or rule of law, or any invalidity or unenforceability in whole or in part of any of the Guaranteed Obligations or the Loan Documents;
(iii) any merger, acquisition, consolidation or change in structure of any Designated Borrower, the Guarantor or any other Loan Party or Person, or any sale, lease, transfer or other disposition of any or all of the assets or shares of any Designated Borrower, the Guarantor, any other Loan Party or other Person;
(iv) any assignment or other transfer, in whole or in part, of any Guaranteed Party’s interests in and rights under this Guaranty o...
Liability of Guarantor a. TxDOT may enforce this Guaranty upon the occurrence of a breach by DB Contractor of any of the Guaranteed Obligations, notwithstanding the existence of any dispute between TxDOT and DB Contractor with respect to the existence of such a breach.
b. Guarantor’s performance of some, but not all, of the Guaranteed Obligations will in no way limit, affect, modify or abridge Guarantor’s liability for those Guaranteed Obligations that have not been performed.
c. TxDOT, upon such terms as it deems appropriate, without notice or demand and without affecting the validity or enforceability of this Guaranty or giving rise to any reduction, limitation, impairment, discharge or termination of Guarantor’s liability hereunder, from time to time may (i) with respect to the financial obligations of DB Contractor, if and as permitted by the Agreement, renew, extend, accelerate, increase the rate of interest on, or otherwise change the time, place, manner or terms of payment of financial obligations that are Guaranteed Obligations, and/or subordinate the payment of the same to the payment of any other obligations, (ii) settle, compromise, release or discharge, or accept or refuse any offer of performance with respect to, or substitutions for, the Guaranteed Obligations or any agreement relating thereto, (iii) request and accept other guarantees of the Guaranteed Obligations and take and hold security for the payment and performance of this Guaranty or the Guaranteed Obligations,
Liability of Guarantor. The Guarantor, in executing this Agreement, covenants with the Manager, and Owner that the Guarantor is and shall be jointly and severally bound and liable with the Resident for the payment of all amounts payable by the Resident under this Agreement and for all obligations of the Resident under this Agreement. In enforcing its rights hereunder, each of the Manager, the Institution and the Owner may proceed against the Guarantor as though the Guarantor were the Resident named in the Agreement. Neither the Manager, the Institution or the Owner is bound to exhaust its remedies against the Resident before making a demand on or pursuing its remedies against the Guarantor.
Liability of Guarantor. The liability of the Guarantor under this Guaranty shall be irrevocable, absolute, independent and unconditional, and shall not be affected by any circumstance which might constitute a discharge of a surety or guarantor other than the indefeasible payment and performance in full of all Guaranteed Obligations. In furtherance of the foregoing and without limiting the generality thereof, the Guarantor agrees as follows:
Liability of Guarantor. If the Grantor has entered into this document to secure financial accommodation provided to some other person, the Grantor will be considered to be a principal debtor for the Secured Money.
Liability of Guarantor. The undersigned Xxxxxxxxx, who is signing the Guaranty attached to this Agreement and incorporated herein by reference, shall be jointly and severally liable for the Individual’s full and faithful performance of the terms and conditions of this Agreement.
Liability of Guarantor. 44 13.3 Expenses. .....................................................................................................................45 ARTICLE
Liability of Guarantor. Without limiting the generality of the ----------------------- foregoing, it is agreed that the occurrence of any one or more of the following shall not affect the liability of the Guarantor hereunder:
a. new agreements or obligations of Debtor with or to Secured Party; amendments, extensions, modification, renewals or waivers of default as to any existing or future agreements or obligations of Debtor or third parties 3with or to Secured party or extensions of credit by Secured Party to Debtor;
b. adjustments, compromises or releases of any obligations to Debtor, Guarantor or other parties, or exchanges, releases of sales of any security of Debtor, Guarantor or other parties;
Liability of Guarantor. Guarantor further agrees that its liability under this Agreement shall be primary and unconditional, shall not be subject to any offset, defense or counterclaim of Lessee, and that in any right of action which shall accrue to Lessor under the Lease, Lessor may, at its option, proceed against Guarantor without having commenced any action, or having obtained any judgment, against Lessee.
Liability of Guarantor. Guarantor shall be liable as follows:
(i) The liability of the Guarantor under this Guaranty shall be limited to the maximum aggregate amount that would not render its obligations hereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any applicable provisions of comparable state law.
(ii) This is a continuing guaranty relating to the Indebtedness, including that arising under successive borrowing transactions by Huntway under the Letter of Credit Agreement which shall either continue the Indebtedness or from time to time renew it after it has been satisfied. This Guaranty shall not apply to any Indebtedness created after actual receipt by Collateral Agent of written notice of its revocation as to future transactions; provided, however, that any such revocation shall not affect Guarantor's liability for the Indebtedness outstanding at the time of receipt of such notice of any extension thereof or any other modification of the time or manner of payment thereof following any such revocation.
(iii) The foregoing maximum liabilities have no application or effect on liability under any other guaranties executed by Guarantor.
(iv) The obligations hereunder are independent of the obligations of Huntway and the obligations of any other guarantor of the obligations of Huntway under the Financing Agreements, and a separate action or actions may be brought and prosecuted against Guarantor whether any action is brought against Huntway or any of such other