Guarantee Примери клазула

Guarantee. 2.1. Guarantee Undertaking 2.1.1. As security for any and all Guaranteed Obligations the Guarantor herewith unconditionally and irrevocably guarantees to Eurofima the due and punctual performance by the Company of the Guaranteed Obligations. 2.1.2. The Guarantor's liability under this Guarantee for Guaranteed Principal shall be limited to an amount of EUR 90,000,000 and any other Guaranteed Obligation that is to be calculated in respect of or on the basis of principal outstanding under the Equipment Financing Contracts shall be limited to the amount calculated on such Guaranteed Principal. Any amount paid under this Guarantee on account of Guaranteed Principal shall reduce the liability for Guaranteed Principal, provided that Eurofima shall be free to allocate any payment received under this Guarantee first to any Guaranteed Obligation other than Guaranteed Principal and then to Guaranteed Principal. 2.1.3. This Guarantee constitutes, and is intended by the Guarantor to constitute, a primary, direct, separate, unlimited, non-accessory and independent undertaking (unbeschränkte, nicht akzessorische Verpflichtung) of the Guarantor within the meaning of Article 111 CO and the terms hereof and not a mere surety (Bürgschaft) within the meaning of Article 492 et seq. CO. 2.1.4. The Guarantor hereby undertakes to pay or indemnify Eurofima irrespective of the validity, the effectiveness and the enforceability of the Guaranteed Obligations and waiving all rights of objection and defence arising from or relating to the Guaranteed Obligations, upon first demand by Eurofima from time to time in writing stating that an amount is due and payable and has remained unpaid by the Company under or pursuant to the terms and 2.2. Term and Continuing Guarantee 2.2.1 This Guarantee constitutes and shall be a present and continuing obligation of the Guarantor until full and indefeasible discharge of all Guaranteed Obligations. 2.2.2 The Guarantee shall remain valid and in full force and effect, notwithstanding any amendment or modification of the Equipment Financing Documents, including without limitation any renewal, extension, supplement or replacement thereof or any refinancing granted thereunder and notwithstanding any settlement or other matter or thing whatsoever, and in particular but without limitation, shall not be considered, satisfied discharged, prejudiced, waived or released by any intermediate payment or satisfaction of all or any of the Guaranteed Obligations. If a...