Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 7 contracts
Samples: Guaranty Agreement (Us Home Systems Inc), Guaranty Agreement (Us Home Systems Inc), Pledge and Security Agreement (Ascent Assurance Inc)
Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Gainsco Inc), Unlimited Guaranty (Mallon Resources Corp), Guaranty (Stratus Properties Inc)
Payment by Guarantor. Whenever Guarantor pays any sum which is or may -------------------- become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) above, or (b) ----------------- United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. ----------------- In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 4 contracts
Samples: Graphic Omitted (Charys Holding Co Inc), Graphic Omitted (Charys Holding Co Inc), Graphic Omitted (Charys Holding Co Inc)
Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph 1(asubparagraph l(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 2 contracts
Samples: Limited Guaranty (Avatar Systems Inc), Avatar Systems Inc
Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(aSUBPARAGRAPH 1(A) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(aSUBPARAGRAPH 1(A) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 2 contracts
Samples: Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Payment by Guarantor. Whenever whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaidprep aid, addressed to Lender Bank at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Payment by Guarantor. Whenever Guarantor pays any sum which is or --------------------- may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(al(a) above, or (b) ----------------- United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(al(a) above. ----------------- In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph 1(asubparagraph l (a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph 1(asubparagraph l(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Samples: Unconditional Guaranty (Western Pacific Airlines Inc /De/)
Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery or delivery by nationally recognized overnight service to the address and designated department of Lender Bank identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Samples: TBM Holdings Inc
Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Samples: Canmax Inc /Wy/
Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph 1(asubparagraph l(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph 1(asubparagraph l(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Samples: Unlimited Guaranty (Mobley Environmental Services Inc)
Payment by Guarantor. Whenever Guarantor pays any sum which is or -------------------- may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph payment when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) above, or (b) ----------------- United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. ----------------- In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Payment by Guarantor. Whenever Guarantor pays any sum which is or ---------------------- may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(al(a) above, or (b) ----------------- United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(al(a) above. ----------------- In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) FIRST AMENDED AND RESTATED GUARANTY AGREEMENT above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Payment by Guarantor. Whenever If reasonably requested by Lender, whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph Subsection 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid prima facie evidence of payment by Borrower.
Appears in 1 contract
Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph 1(asubparagraph A(1) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph 1(asubparagraph A(1) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Samples: Brigham Exploration Co
Payment by Guarantor. Whenever Guarantor pays any sum which is or may -------------------- become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) above, or (b) United States mail, ----------------- certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. In the absence of such ----------------- notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Payment by Guarantor. Whenever Guarantor pays makes any sum payment to Lender which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when when, contemporaneously with such payment payment, Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph Section 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph Section 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Samples: Guaranty Agreement (State National Companies, Inc.)
Payment by Guarantor. Whenever Guarantor pays any sum which is or may -------------------- become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) above, or (b) United States mail, certified or registered, ------------------ return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. In the absence of such notice to Lender by ------------------ Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Payment by Guarantor. Whenever Guarantor pays any sum which is or ----------------------- may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(al(a) above, or (b) United States ----------------- mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(al(a) above. In the ----------------- absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph 1(asubparagraph I (a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph 1(asubparagraph l(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.
Appears in 1 contract
Samples: Guaranty (Avatar Systems Inc)