Guarantee of Payment and Performance. D&B agrees to guarantee in all respects the payment and performance obligations of D&B Management set forth in this Agreement.
Guarantee of Payment and Performance. This Guarantee is a guarantee of payment and performance and not of collection and is in addition and without prejudice to any securities of any kind now or hereafter held by any Beneficiary.
Guarantee of Payment and Performance. The Guarantee constitutes a guarantee of payment and performance when due and not of collection and such Guarantor waives any right to require that any resort be had by any Guaranteed Party to any balance of any deposit account or credit on the books of any Guaranteed Party in favor of any Beneficiary or any other Person.
Guarantee of Payment and Performance. The Parent, as the Guarantor, hereby absolutely, irrevocably and unconditionally guarantees the full and complete payment and performance of all obligations of the Company to the Dealer under the Amended Confirmation to the same extent as if the Parent were the Seller (as defined in the Amended Confirmation) thereunder. The Guarantor’s obligations hereunder shall remain in full force and effect until this Guarantee shall have been fully and completely performed. If at any time any performance of this Guarantee is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Guarantor, the Company or otherwise, the Guarantor’s obligations hereunder with respect to such performance shall be reinstated as though such performance had been due but not made at such time. The parties agree that in connection with the performance of its obligations hereunder, the Guarantor shall be entitled to all rights of the Seller under the Amended Confirmation.
Guarantee of Payment and Performance. Guarantor's liability under this Guarantee is a guarantee of payment and performance of the License Agreement and not of collectibility. Guarantor's liability hereunder will continue until all Obligations under the License Agreement have been satisfied in full and will not be limited or affected in any way by transfer of the Hotel or any disability of Licensee. Guarantor further agrees that should Licensee cease to exist or become unable to perform its obligations under the License Agreement, Guarantor will be deemed Licensee under the License Agreement and will perform all obligations of Licensee existing or accruing thereunder.
Guarantee of Payment and Performance. It is understood and agreed that this Guarantee is unconditional and continuing, and a guarantee of payment and performance and not of collection.
Guarantee of Payment and Performance. (a) The Guarantor hereby unconditionally and irrevocably guarantees to the Administrative Agent and the Lenders the prompt and complete payment and performance by each Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Guarantee Obligations.
Guarantee of Payment and Performance. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Xxxxxx has not exhausted Xxxxxx’s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower’s obligations under the Note and Related Documents.
Guarantee of Payment and Performance. Guarantor agrees that this is a Guarantee of payment and performance and not merely a Guarantee of collection. The liability of Guarantor under this Guarantee shall not be conditional or contingent upon the pursuit of any remedy against MidCo. 6. Statute of Limitations. Guarantor agrees that payment or performance of any of the Obligations or other acts that toll any statute of limitations applicable to the Obligations or the Put Option Notes shall also toll the statute of limitations applicable to Guarantor’s liability under this Guarantee.
Guarantee of Payment and Performance. This Guaranty is a guarantee of payment and performance and not of collection only and th Guarantor hereby irrevocably waives any right to require that any acti against the Lessee or any other Person be taken or exhausted prior to action being taken against the Guarantor. The Guarantor hereby specifically agrees that it shall not be necessary or required, and th the Guarantor shall not be entitled to require, that the Guaranteed Parties (i) file suit or proceed to obtain or assert a claim against t Lessee or any other Person for the Obligations, (ii) make any effort a collection of the Obligations from the Lessee or any other Person, (ii foreclose against or seek to realize upon any security now or hereafte existing for the Obligations, or (iv) file suit or proceed to obtain o assert a claim for personal judgment against any other Person liable fo the Obligations, or make any effort at collection of the Obligations fr any such other Person, or exercise or assert any other right or remedy which any Guaranteed Party is or may be entitled in connection with the Obligations or any security or other guaranty therefor, (v) assert or file any claim against the assets of the Lessee or any other guarantor or any other Person liable for the Obligations, or any part thereof, either before or as a condition to enforcing the liability of the Guarantor under this Guaranty or requiring payment of the Obligations the Guarantor hereunder, or (vi) join the Lessee or any other Person a parties to any proceeding for the enforcement against the Guarantor of any provision of this Guaranty. The Guaranteed Parties, or any of the entitled to receive payments or the benefit of performance guaranteed hereunder shall have the right to enforce this Guaranty irrespective o whether or not legal proceedings or other enforcement efforts against the Lessee or any other Person are pending, seeking resort to or realization upon or from any of the foregoing.
