Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation.
Performance Guaranty. Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Purchaser under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed discharged or complied with following the Effective Time.
Performance Guaranty. The Performance Guarantor hereby unconditionally and irrevocably guarantees to the Indenture Trustee, upon the occurrence and continuance of each Guarantor Event, the due and punctual performance and observance by Case Credit in its capacity as Servicer of all of the terms, covenants, conditions, agreements, undertakings, indemnities and obligations on the part of Case Credit to be performed or observed by Case Credit under the Sale and Servicing Agreement by Case Credit in its capacity as Servicer in accordance with the terms hereof and thereof (all such terms, covenants, conditions, agreements, undertakings, indemnities and obligations on the part of Case Credit in its capacity as Servicer to be performed and observed, being collectively called the "Guaranteed Obligations"). In the event that Case Credit shall fail in any manner whatsoever to perform or observe any of the Guaranteed Obligations when the same shall be required to be performed or observed, the Performance Guarantor will itself duly and punctually perform and observe, or will cause the due and punctual performance and observance of, the Guaranteed Obligations, and it shall not be a condition to the accrual of the obligation of the Performance Guarantor hereunder to perform or observe any of the Guaranteed Obligations (or to cause the same to be performed or observed) that the Indenture Trustee shall have first made any request of or demand upon or give any notice to the Performance Guarantor or to Case Credit or have initiated any action or proceeding against the Performance Guarantor or Case Credit in respect thereof. The Indenture Trustee may proceed to enforce the obligations of the Performance Guarantor under this Section 2.1 without first pursuing or exhausting any right or remedy which the Indenture Trustee may have against Case Credit, any other Person, the Collateral or any other property.
Performance Guaranty. Lessee shall provide and maintain a surety bond or other form of security acceptable to DMLW in the amount of $36,700 payable to the State of Alaska. Such performance guaranty shall remain in effect for the term of this and any subsequent authorization and shall secure performance of Xxxxxx’s obligations hereunder. The amount of the performance guaranty may be adjusted by the AO in the event of approved amendments to this authorization, changes in the Development Plan, or any change in the activities or operations conducted on the premises. The performance guaranty may be utilized by DMLW to cover actual costs incurred by the State of Alaska to pay for any necessary corrective actions in the event the Lessee does not comply with the site utilization, restoration requirements and other stipulations contained in the lease agreement. If the Lessee fails to perform the obligations under the authorization within a reasonable timeframe, the State may perform the Lessee’s obligations at the Lessee’s expense. Xxxxxx agrees to pay within 20 days following demand, all costs and expenses incurred by the State of Alaska as a result of the failure of the Lessee to comply with the terms and conditions of the authorization. Failure to do so may result in the termination of the authorization and/or forfeiture of the performance guaranty. Any provisions of the lease agreement shall not prejudice the State’s right to obtain a remedy under any law or regulation. If the AO determines that Xxxxxx has satisfied the terms and conditions of the land use authorization, the performance guaranty will be subject to release. The performance guaranty may only be released in writing by the AO.
Performance Guaranty. In the event that the Tenant fails to perform, satisfy or observe the terms and conditions of the Lease, rules and regulations, and related Lease obligations required to be performed, satisfied or observed by the Tenant, the Guarantor will promptly and fully perform, satisfy and observe the obligation or obligations in the place of the Tenant. The Guarantor shall pay, reimburse and indemnify Landlord for any and all damages, costs, expenses, losses and other liabilities, including reasonable attorney fees, arising or resulting from the failure of the Tenant to perform, satisfy or observe any of the terms and conditions of the Lease, rules and regulations and related obligations.
Performance Guaranty. The Performance Guarantor hereby consents to this Amendment and agrees that the Agreement, each as amended hereby, shall remain in full force and effect immediately after giving effect to this Amendment. Immediately after giving effect to this Amendment, all of the provisions of the Performance Guaranty shall remain in full force and effect and the Performance Guarantor hereby ratifies and affirms the Performance Guaranty and acknowledges that the Performance Guaranty has continued and shall continue in full force and effect in accordance with its terms.
Performance Guaranty. (a) During the Warranty Period, Seller shall determine within ten (10) Business Days after the end of each calendar year, whether the Portfolio has delivered to the applicable Interconnection Points the Minimum kWh for purposes of the Performance Guaranty during such calendar year (“Performance Guaranty”).
Performance Guaranty. 9.19.3.1 The Performance Guaranty is Subrecipient's surety/guarantee to County that Subrecipient shall meet its obligations to perform the terms and conditions of the resulting Subaward. The purpose of the Performance Guaranty is to provide County a recourse to recover Subaward monies which would otherwise be lost due to Subrecipient's negligent actions. This Performance Guaranty shall provide for the payment of monies to County for transactions which are incurred by Subrecipient, including but not limited to: liquidated damages, late penalty payments, County's reimbursement, etc. County's determination to require Subrecipient to obtain the Performance Guaranty would occur after the resolution process has been completed and "questioned costs" have been determined to be unsubstantiated costs, disallowed costs, etc.
Performance Guaranty. Per section 25 of the Lease agreement: The Lessee previously posted a performance guaranty in the amount of $17,500 to secure faithful performance with all terms and conditions of the Lease and to insure site restoration of the leasehold. This performance guaranty must remain in effect for the duration of the Lease term or until released in writing by the AO. Failure by the Lessee to provide replacement security shall be grounds for the AO to make a claim upon the existing security to protect the Lessor's interests.
Performance Guaranty. Parent unconditionally and irrevocably agrees to take all action necessary to cause Merger Sub or the Surviving Corporation, as applicable, to perform all of its respective agreements, covenants and obligations under this Agreement with respect to consummation of the Offer and the Merger and payment or issuance of consideration pursuant to this Agreement in respect thereof. Parent unconditionally guarantees to the Company the full and complete performance by Merger Sub or the Surviving Corporation, as applicable, of its respective obligations under this Agreement with respect to consummation of the Offer and the Merger and payment or issuance of consideration pursuant to this Agreement in respect thereof and shall be liable for any breach of any such obligation of Merger Sub or the Surviving Corporation, as applicable, under this Agreement. This is a guarantee of payment and performance and not collectability.
