Obligations of Guarantor. This Guaranty and each other Loan Document to which Guarantor is a party are the legal, valid and binding obligations of Guarantor, enforceable against Guarantor in accordance with their terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting the enforcement of creditors’ rights generally or by equitable principles which may affect the availability of specific performance and other equitable remedies. The making of the Loan by Lender to Borrower and the assumption by Guarantor of its obligations hereunder and under any other Loan Document to which Guarantor is a party will result in material benefits to Guarantor. This Guaranty was entered into by Guarantor for commercial purposes.
Obligations of Guarantor. Guarantor unconditionally guarantees to PJM Settlement the prompt and complete payment of all amounts owed to PJM Settlement by Summit Energy, LLC in regard to the Agreements (or any successor agreements). If all or any part of such amounts is not paid by Summit Energy, LLC when due, Guarantor shall, upon the demand of PJM Settlement, immediately pay such amount. This is a primary, absolute obligation of Guarantor enforceable by PJM Settlement, its successors and assigns, or any of its members on its behalf, regardless of Summit Energy, LLC’s ability or willingness to pay.
Obligations of Guarantor. A default by Guarantor beyond any applicable notice and cure period under the Limited Recourse Guaranty executed by Guarantor in favor of Lender. An Event of Default shall be deemed “continuing” until cured or waived in writing in accordance with Section 11.4.
Obligations of Guarantor. The obligations of Guarantor under this Guaranty shall be unconditional, irrespective of the validity, regularity or enforceability of any of the Guaranteed Obligations. Such obligations shall not be affected by any action taken under any Guaranteed Obligations in the exercise of any right or remedy therein conferred; by any failure or omission on Versant's part to enforce any right granted there under or hereunder or any remedy conferred thereby or hereby; by any waiver of any term, covenant, agreement or condition of any of the Guaranteed Obligations or this Guaranty; by any release of any security or any other guaranty at any time existing for the benefit of Versant; by the merger or consolidation of the Company, or by any sale, lease or transfer by the Company to any person or entity of any or all of its properties; by any action of Versant granting indulgence or extension to or waiving or acquiescing in any default by the Company or by an successor to the Company or by any other person or entity which shall have assumed its obligations; by reason of any disability or other defense of the Company or of any successor to the Company; by any modification, or amendment of any agreement between the Company and Versant, or by the execution of any new, amended, modified or superseding Factoring Agreement between Versant and the Company or by any circumstance whatsoever (with or without notice to or knowledge of Guarantor) which may or might in any manner or to any extent vary or increase the risk of the Guarantor hereunder, it being the purpose and intent of Guarantor that the obligations of Guarantor shall be absolute and unconditional under any and all circumstances and shall not be discharged except by payment or performance as provided herein, and then only to the extent of such payment or performance.
Obligations of Guarantor. A default by Guarantor beyond any applicable notice and cure period under the Amended and Restated and Consolidated Limited Guaranty executed by Guarantor in favor of Administrative Agent.A Default shall be deemed "continuing" until cured or waived in writing in accordance with Section 13.12.
Obligations of Guarantor. A default by Guarantor beyond any applicable notice and cure period under the Limited Guaranty, executed by Guarantor in favor of Administrative Agent, including, without limitation, the occurrence of a breach of the financial covenants contained therein. A Default shall be deemed “continuing” until cured or waived in writing in accordance with Section 13.12.
Obligations of Guarantor. A default by Guarantor beyond any applicable notice and cure period under the Limited Guaranty, executed by Guarantor in favor of Lender, including, without limitation, the occurrence of a breach of the financial covenants contained therein.
Obligations of Guarantor. Guarantor is jointly and severally liable for all warranties, representations, covenants, performance obligations, and sums presently payable, or which may become payable, under this Agreement, including any Transaction Documents executed in connections with this Agreement, and any subsequent amendments hereto or thereto. Seller shall not be required to attempt against Buyer before proceeding against Guarantor.