Primary Liability of the Guarantor. The Guarantor agrees that this Agreement may be enforced by the Agent and the Lenders without the necessity at any time of resorting to or exhausting any other security or collateral and without the necessity at any time of having recourse to the Credit Agreement and the other Loan Documents, or any collateral now or hereafter securing the Debtor Liabilities or otherwise, and the Guarantor hereby waives the right to require the Agent and the Lenders to proceed against any other Obligor or to require the Agent and the Lenders to pursue any other remedy or enforce any other right. The Guarantor further agrees that nothing contained herein shall prevent the Agent and the Lenders from suing on the Credit Agreement and the other Loan Documents, or any of them, or foreclosing their Lien, if any, on any collateral hereafter securing the Debtor Liabilities or from exercising any other rights available under the Credit Agreement and the other Loan Documents, or any other instrument of security if neither the Debtor nor the Guarantor timely satisfy the Debtor Liabilities thereunder, and the exercise of any of the aforesaid rights and the completion of any foreclosure proceedings shall not constitute a discharge of any of the obligations of the Guarantor thereunder; it being the purpose and intent of the Guarantor that the obligations of the Guarantor hereunder shall be absolute, independent and unconditional. Neither the obligations of the Guarantor under this Agreement nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by an impairment, modification, change, release or limitation of the liability of the Debtor or by reason of the bankruptcy or insolvency of the Debtor. If acceleration of the time for payment of any amount payable by the Debtor is stayed upon the insolvency or bankruptcy of the Debtor, amounts otherwise subject to acceleration under the terms of the Credit Agreement and the other Loan Documents including, without limitation, interest at the rates set forth in the Credit Agreement occurring after the date of such bankruptcy or insolvency, shall nonetheless be payable by the Guarantor hereunder forthwith on demand by the Agent. The Guarantor acknowledges that the term “Debtor Liabilities” as used herein includes any payments made by the Debtor to the Agent or the Lenders and subsequently recovered by the Debtor or a trustee for the Debtor pursuant to bankruptcy or insolvency proceedings...
Primary Liability of the Guarantor. The Guarantor agrees that the Beneficiary may enforce this Guaranty without the necessity at any time of resorting to or exhausting any other security or collateral. This is a continuing Guaranty of payment and not merely of collection.
Primary Liability of the Guarantor. The Guarantor agrees that this Guaranty may be enforced by Lender without the necessity at any time of resorting to or exhausting any other security or collateral. This is a guaranty of payment and not merely of collection. Lender shall have the right, in its sole judgment and discretion, from time to time, to make demand for payment or performance and to proceed against the Guarantor for recovery of the total of any and all amounts due to Lender pursuant to this Guaranty, or to proceed from time to time against the Guarantor for such portion of any and all such amounts as Lender may determine.
Primary Liability of the Guarantor. This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performance. The Guarantor shall be liable for the payment and performance of the Obligations, as set forth in this Guaranty, as a primary obligor.
Primary Liability of the Guarantor. The Guarantor agrees that this Guaranty may be enforced by the Bank without the necessity at any time of resorting to or exhausting any other security or collateral and without the necessity at any time of having recourse to the Notes or otherwise, and that Guarantor hereby waives the right to require the Bank to proceed against the Borrower or any co-guarantor or to require the Bank to pursue any other remedy or enforce any other right. The Guarantor further agrees that the Guarantor shall have no right of subrogation, reimbursement or indemnity whatsoever, unless and until all of the Indebtedness of the Borrower to the Bank has been paid in full. The Guarantor further agrees that nothing contained herein shall prevent the Bank from suing on the Notes or from exercising any other rights available to it under any of the Loan Documents, if neither the Borrower nor the Guarantor timely performs the obligations of the Borrower thereunder, and
Primary Liability of the Guarantor. The Guarantor agrees that the Beneficiary mayenforce this Guarantee without the necessity at anytime of resorting to or exhausting anyother security or collateral. This Guarantee is a continuing guarantee of payment and not merelyof collection. Transportation Tariff Pacific Northern Gas Ltd.
Primary Liability of the Guarantor. This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performance. The Guarantor shall be liable for the payment and performance of the Obligations, as set forth in this Guaranty, as a primary obligor. This Guaranty shall be effective as a waiver of, and the Guarantor hereby expressly waives any and all rights to which the Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require the Lender to take prior recourse or proceedings against any collateral, security or Person (hereinafter defined) whatsoever. Upon the occurrence of: (i) any Default under the Loan, (ii) any reasonable determination by the Lender that a material adverse
Primary Liability of the Guarantor. The Guarantor agrees that this Guaranty may be enforced by the Guaranteed Parties without the necessity at any time of resorting to or exhausting any other security or collateral and without the necessity at any time of having recourse to the Notes or any collateral now or hereafter securing the Obligations, the Guaranty Obligations or otherwise, and Guarantor hereby waives the right to require the Guaranteed Parties to proceed against the Borrower or any co-Guarantor or to require the Guaranteed Parties to pursue any other remedy or enforce any other right. Without limiting the generality of the
Primary Liability of the Guarantor. The obligations of the Guarantor under this Guaranty shall be irrevocable, absolute and unconditional, except to the extent that the Obligor’s payment would be excused by the Beneficiary’s material breach of its obligations under the Agreement, and shall remain in full force and effect until such time as set forth in Section 8 hereof. The obligations of the 16-10992-smb Doc 2372-1 Filed 02/01/17 Entered 02/01/17 12:04:38 Exhibit A Pg 132 of 175 Guarantor shall not be affected, modified or impaired or prejudiced (a) by any other security now or hereafter held by the Beneficiary as security for the obligations of the Obligor under the Agreement; or (b) upon the happening from time to time of any one or more of the following, whether or not with notice to or consent of the Obligor (except to the extent that the Obligor’s consent may be required to effectuate a modification of the Agreement) or the Guarantor:
Primary Liability of the Guarantor. The Guarantor agrees that this Guaranty Agreement may be enforced by the Agent and the Lenders without the necessity at any time of resorting to or exhausting any other security or collateral and without the necessity at any time of having recourse to the Borrower or any other Person under the Credit Agreement or any collateral now or hereafter securing the Borrower's Obligations or otherwise, and the Guarantor hereby waives the right to require the Agent and the Lenders to proceed against the Borrower or any other Person (including a co-guarantor) or to require the Agent and the Lenders to pursue any other remedy or enforce any other right. Without limiting the generality of the foregoing, the Guarantor hereby specifically waives, to the extent permitted by applicable law, the benefits of North Carolina General Statutes Sections 26-7 through 26-9, inclusive. In addition, the Guarantor agrees that it shall have no right of subrogation, indemnity, reimbursement or contribution against the Borrower for amounts paid under this Guaranty Agreement until such time as the Lenders have been paid in full and no Person or Governmental Authority shall have any right to request any return or reimbursement of funds from the Lenders in connection with monies received under the Credit Documents. The Guarantor further agrees that nothing contained herein shall prevent the Agent or the Lenders from suing the Borrower with respect to its obligations under the Credit Agreement or foreclosing any security interest in or lien on any collateral now or hereafter securing the Borrower's
