Terms of Guarantee. Profiles does not provide any guarantee or warranty to Bidders or Buyers, whether express or implied, beyond those expressly provided for in these Conditions of Sale and specifically this Section 10. As set forth below and elsewhere in these Conditions of Sale, Profiles guarantees the authorship, origin, period, and culture of each lot in this catalogue in which the catalog’s lot description is printed in a Bold or Capitalized type heading, or as revised or amended by announcement before or during the auction. Except for the Bold and Capitalized headings and subject to the exclusions below, Profiles makes no warranties whatsoever, whether express or implied or by operation of law, with respect to any lots offered or any other material in the catalog. In the event Profiles in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, Profiles shall refund to the original purchaser of record the hammer price plus applicable Buyer’s Premium paid for the lot by the original purchaser of record. This Guarantee shall not apply if: (i) the catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) as of the date of the sale, or the catalogue description indicated that there were conflicting opinions; and/or (ii) the only means to establish that the Authorship was not as described in the Bold or Capitalized heading at the date of the sale would have been by method or processes neither generally available nor accepted at such time; unreasonably expensive or impractical to utilize; or likely (in Profiles’ reasonable opinion) to have caused damage and/or loss of value to the lot; and/or (iii) there has been no material loss in the lot’s value from that which was disclosed in the catalog. The term of this Guarantee is five (5) years from the date of this auction. The Guarantee is non-transferrable and non-assignable, and is solely for the benefit of the original purchaser of record. To be eligible to make a claim under this Guarantee, the original purchaser of record must: (i) send written notice to Profiles within ninety (90) days after receiving information that causes the original purchaser of record to question the accuracy in any respect of the Bold or Capitalized type heading, specifying the lot number, date of the auction at which it was purchased and the specific reasons for such question; and (ii) return the lot to Profiles (a) in the same condition as it was when possession was trans...
Terms of Guarantee. The Supplier hereby represents and guarantees as follows:
Terms of Guarantee. (Inapplicable) 5.1. An irrevocable letter of guarantee shall be executed by ____________________ in favour of Party A for a maximum amount to secure all the outstanding liabilities owing to Party A by Party B under this Agreement, the obligations and liabilities of which shall be joint and several; and/or
Terms of Guarantee. In the event the loan hereunder is guaranteed by a third party, the guarantor agrees to comply with the terms as follows:
Terms of Guarantee. (a) This Guarantee is an unconditional and continuing guarantee of payment and performance, not of collection, and a separate or joint action or actions may be brought and prosecuted against each Guarantor to enforce this Guarantee, irrespective of whether any action is brought against Parent, Merger Sub or any other Person or whether Parent, Merger Sub or any other Person is joined in any such action or actions. Except in the case of the insolvency or bankruptcy, or other similar proceeding, of a Guarantor, the Guaranteed Party shall not release a Guarantor from any obligations under this Guarantee except to the extent the Guaranteed Party offers to release the other Guarantor under this Guarantee under the same terms and conditions and in the same proportion. Notwithstanding anything to the contrary contained in this Guarantee or any other document, the obligations of each Guarantor under this Guarantee to pay monies as provided herein shall be several and not joint. All payments hereunder shall be made in lawful money of the United States, in immediately available funds.
Terms of Guarantee. (1) Guarantee from the seller:
Terms of Guarantee. The guarantee shall be issued for opening a customs duty account as instructed by Contractor, subject to the consent of Bank, for a maximum period of one year.
Terms of Guarantee. Any Guarantee, indemnity or other obligation provided under this Supplemental Indenture, the Indenture, the Note Guarantees or the Notes by a Guarantor organized or incorporated under the laws of Switzerland (the “Swiss Guarantor”) shall be deemed not to be provided by such Swiss Guarantor to the extent that the same would constitute a breach of the financial assistance prohibitions under Swiss law. Under Swiss law, the following restrictions shall be applicable to the Swiss Guarantor:
Terms of Guarantee. (a) This Guarantee is one of payment, not just collection, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce this Guarantee, irrespective of whether any action is brought against Parent, Merger Sub or any other Person or whether Parent, Merger Sub or any other Person is joined in any such action or actions.
Terms of Guarantee. This guarantee shall be continuing, unconditional and irrevocable. Without limiting the generality of the foregoing, the obligations of the undersigned hereunder shall not be released, discharged, impaired or affected by any extensions of time or indulgences or modifications granted by any party in favour of another to enforce any of the terms or provisions of this guarantee or by the bankruptcy, insolvency, dissolution, amalgamation, winding-up or reorganisation of BEL and the undersigned hereby waives any right to require the Purchaser to exhaust any action or recourse against any other party before requiring performance by the undersigned pursuant to this guarantee.
