Liability of the 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 the Guarantor. The Administrative Agent and each Lender have and shall have the absolute right to enforce the liability of the Guarantor hereunder without resort to any other right or remedy including any right or remedy under any other guaranty or against any other Guarantor, and the release or discharge of any Guarantor or other guarantor of any Obligations shall not affect the continuing liability of the Guarantor hereunder. It is the intention and agreement of the Guarantor, the Administrative Agent and the Lenders that the obligations of the Guarantor under this Guaranty shall be valid and enforceable against the Guarantor to the maximum extent permitted by applicable law. Accordingly, if any provision of this Guaranty creating any obligation of the Guarantor in favor of the Administrative Agent and the Lenders shall be declared to be invalid or unenforceable in any respect or to any extent, it is the stated intention and agreement of the Guarantor, the Administrative Agent and the Lenders that any balance of the obligation created by such provision and all other obligations of the Guarantor to the Administrative Agent and the Lenders created by other provisions of this Guaranty shall remain valid and enforceable. Likewise, if by final order a court of competent jurisdiction shall declare any sums which the Administrative Agent or the Lenders may be otherwise entitled to collect from the Guarantor under this Guaranty to be in excess of those permitted under any law (including any federal or state fraudulent conveyance or like statute or rule of law) applicable to the Guarantor’s obligations under this Guaranty, it is the stated intention and agreement of the Guarantor, the Administrative Agent and the Lenders that all sums not in excess of those permitted under such applicable law shall remain fully collectible by the Administrative Agent and the Lenders from the Guarantor. Nothing in the foregoing limits the covenant of the Borrower contained in §7.13(b) of the Credit Agreement.
Liability of the Guarantor. This Guaranty is unlimited and the Guarantor shall be jointly and severally liable with every endorser, surety or other guarantor of any or all of the Lease Obligations and the continuation of this Guaranty shall not be affected by the termination, discontinuance, release or modification of any agreement from (a) any such endorser, surety or guarantor and/or (b) any other endorser, surety or guarantor of any of the other Obligations. Nothing contained herein or otherwise shall require the Lessor to make demand upon or join the Lessee or any such endorser, surety or guarantor or other party in any suit brought upon this Guaranty; and the Guarantor hereby waives any right to require marshalling or exhaustion of any remedy against any collateral, other property, or any other Person primarily or secondarily liable.
Liability of the Guarantor. The Guarantor agrees that its obligations hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than indefeasible payment in full of the Guarantied Obligations. In furtherance of the foregoing and without limiting the generality thereof, the Guarantor agrees as follows:
Liability of the Guarantor. The Administrative Agent and each Lender have and shall have the absolute right to enforce the liability of the Guarantor hereunder without resort to any other right or remedy including any right or remedy under any other guaranty, and the release or discharge of any guarantor of any Obligations shall not affect the continuing liability of the Guarantor hereunder.
Liability of the Guarantor. 3.1 The liability of the Guarantor under paragraphs 1.1 and 2.1 continues until the end of the Term or until the Tenant is released from its covenants pursuant to the 0000 Xxx.
Liability of the Guarantor. The Bank shall have the absolute right to enforce the liability of the Guarantor hereunder without resort to any other right or remedy including any right or remedy under any other guaranty, and the release or discharge of any guarantor of any Obligations shall not affect the continuing liability of the Guarantor hereunder.
Liability of the Guarantor. In consideration of the Supplier entering into this Agreement (which the Terms and Conditions form part of) with the Customer at the request of the Guarantor, the Guarantor:
Liability of the Guarantor. No Guarantor Related Party will have liability to the Lender (whether in contract, tort (including negligence or breach of statutory duty) or otherwise), save where such liability may not by law be effectively excluded or limited, for any costs, expenses, damages or losses (whether direct or indirect) in respect of loss of profit, contracts, opportunity, business or revenue, failure to realise anticipated savings or benefits, loss of goodwill, loss of operation time, loss of or corruption to data, wasted management or staff time or for any indirect, special or consequential cost, expense, damage or loss of any kind whatsoever and howsoever caused, even if reasonably foreseeable and even if it has been advised of the possibility of such costs, expenses, damages or losses, sustained or incurred by the Lender under or in connection with the EMFS Guarantee, any other agreement or document entered into with the Lender, as contemplated in or ancillary to the EMFS Guarantee or the Scheme.
Liability of the Guarantor. The obligations of the Guarantor set out in paragraphs 1 and 2 are continuing and are not affected by any of the following:-
