Terms of Guaranty. (a) This Guaranty is one of payment, not collection, and the Guarantor acknowledges that a separate action or actions may be brought and prosecuted against the Guarantor for the full amount of the Guaranteed Obligations (subject to the Limitations) to enforce this Guaranty, irrespective of whether any action is brought against Parent or Merger Sub or any other person or whether Parent or Merger Sub or any other person are joined in any such action or actions (in each case subject to the Limitations).
Terms of Guaranty. The Guarantor agrees that the Obligations of Company may be extended or renewed, and the Revolving Credit Loans repaid and reborrowed in whole or in part, without notice or further assent from it, and that it will remain bound upon this Guaranty notwithstanding any extension, renewal or other alteration of any such Obligation or repayment and reborrowing of the Revolving Credit Loans. The Guarantor waives presentation of, demand of, payment from and protest of any Obligation of Company and also waives notice of protest for nonpayment. The obligations of the Guarantor under this Guaranty shall not be affected by, and the Guarantor hereby waives its rights (to the extent permitted by law) in connection with:
Terms of Guaranty. The terms of this Section 15 and Summit’s obligations hereunder are a continuing and irrevocable obligation of Summit and shall remain in full force and effect until payment, performance and/or observation in full of the obligations hereunder. Summit’s guaranty and liability under this Section 15 are absolute and unconditional and shall not be affected, released, terminated, discharged or impaired, in whole or in part, by any or all of the following: (i) any amendment or modification of the terms of this Agreement; (ii) any assignment by Purchaser of this Agreement in whole or in part; (iii) any failure or delay of Purchaser to exercise, or any lack of diligence in exercising, any right or remedy with respect to this Agreement; (iv) any dealings or transactions between Purchaser and any Seller(s) or any of their affiliates relating to this Agreement, whether or not Summit shall be a party to or cognizant of the same; (v) any guaranty now or hereafter executed by Summit or its affiliates or the release of Summit or its affiliates thereunder or the failure of any other party to assume liability for the payment in connection with this Agreement, whether by operation of law or otherwise; (vi) Purchaser’s consent to any assignment or successive assignments of this Agreement; (vii) the failure to give any Seller notice of any breach of this Agreement; and/or (viii) any other circumstance which might constitute a legal or equitable discharge or defense available to Summit, whether similar or dissimilar to the foregoing (including any bankruptcy or insolvency of any Seller). Summit expressly waives the following: (w) notice of acceptance of this Agreement; (x) any requirement of promptness, diligence, presentment, protest, notice of dishonor and notice of demand; (y) the right to trial by jury in any action or proceeding of any kind arising on, under, out of, or by reason of or relating, in any way, to its obligations under this Section 15, or the interpretation, breach or enforcement of such obligations; and (z) all rights of subrogation and any other claims that it may now or hereafter acquire against any Seller or any insider that arise from the existence, payment, performance or enforcement of Summit’s obligations under this Section 15 until such time as Summit’s obligations under this Section 15 are performed and paid in full. Summit’s guaranty under this Section 15 is a present guaranty of payment and performance and not of collection.
Terms of Guaranty. The guaranty shall terminate two years after Zhenjiang Kailn fulfills its obligations under the "waste heat recovery upgrading project contract". If the "waste heat recovery upgrading project contract" is found to be invalid or terminated, the guaranty period shall be two years from the date the "waste heat recovery upgrading project contract" was found to be invalid or terminated.
Terms of Guaranty. If at any xxxx Xxxxxx fails, neglects or refuses to perform any of its Obligations as expressly provided in the Supply Agreement after the expiration of any applicable grace or cure period provided therein, then, upon receipt of written notice from a duly authorized officer of Buyer specifying the particular failure, to the extent that Seller has insufficient assets, and is unable to satisfy such Obligations, each Sponsor shall perform, or cause to be performed, any such Obligations on a pro rata basis as set forth on Exhibit A hereto and as thereby required pursuant to and in accordance with the terms and conditions of the Supply Agreement up to the applicable Cap. In connection with this Guaranty, except as otherwise expressly set forth herein:
Terms of Guaranty. (a) This Guaranty is one of payment and performance, not collection.
Terms of Guaranty. No act or thing need occur to establish the liability of the Guarantor hereunder. No act or thing, except full payment and discharge of all of the Guaranteed Obligations shall in any way exonerate the Guarantor hereunder or modify, reduce, limit or release the Guarantor’s liability hereunder. This is an absolute and continuing guaranty of payment of the Guaranteed Obligations and shall continue to be in force and be binding upon the Guarantor until this Guaranty is revoked prospectively as to future transactions, by written notice actually received by the Investor, and such revocation shall not be effective as to the amount of Guaranteed Obligations existing or committed for at the time of actual receipt of such notice by the Investor, or as to any renewals, extensions, refinancings or refundings thereof.
Terms of Guaranty. 40 23. MISCELLANEOUS.......................................................... 42 23.1 Successors and Assigns......................................... 42 23.2 Payments Due on Non-Business Days.............................. 42 23.3 Severability................................................... 42 23.4 Construction................................................... 43 23.5 Counterparts................................................... 43
Terms of Guaranty. (a) The Company agrees that the Guaranteed Obligations may be extended or renewed without notice or further assent from it, and that it will remain bound upon this Guaranty notwithstanding any extension, renewal or other alteration of any such Guaranteed Obligation.
Terms of Guaranty. (i) Except as otherwise provided herein, Parent’s liability under this Section 10.15 shall, to the fullest extent permitted under applicable law, be absolute and unconditional irrespective of: (A) any change in the company existence, structure or ownership of Parent or Buyer, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Parent, Buyer or any other Person who is a direct or indirect equity holder of Buyer, Parent or any of their respective assets; (B) any assignment of any of the Guaranteed Obligations by Buyer (and, after such an assignment, “Buyer” for the purposes of this Section 10.15 shall be deemed to include the assignee); (C) the existence of any claim, set-off or other right that Parent may have at any time against Seller, whether in connection with any Guaranteed Obligation or otherwise (but, without waiving such claims, set-off or other rights); (D) the delay on the part of Seller to assert any claim or demand or to enforce any right or remedy against Buyer; (E) the adequacy of any means Seller may have of obtaining payment related to the Guaranteed Obligations; (F) the addition, substitution or release of any Person now or hereafter liable with respect to the Guaranteed Obligations; or (G) any other act or omission that may or might in any manner or to any extent vary Parent’s risk or otherwise operate as a discharge of Parent as a matter of law or equity (other than payment of the Guaranteed Obligations or any amendment, restatement or modification of this Agreement in accordance with its terms).
