Common use of Guaranty of Obligations Clause in Contracts

Guaranty of Obligations. Guarantor unconditionally, absolutely and irrevocably guarantees the full and prompt payment and performance when due, whether by acceleration or otherwise, and at all times thereafter, of all obligations of Borrower to Lender, howsoever created, arising or evidenced, whether direct or indirect, absolute or contingent, or now or hereafter existing or due or to become due, including, without limitation, under or in connection with that certain Loan and Security Agreement of even date, between Borrower and Lender (the "Loan Agreement") and each of the documents, instruments and agreements executed and delivered in connection therewith, as each may be modified, amended, supplemented or replaced from time to time (all such obligations are herein referred to collectively as the "Liabilities", and all documents evidencing or securing any of the Liabilities are herein referred to, collectively, as the "Loan Documents"). This Continuing Corporate Guaranty (this "Continuing Guaranty") is a guaranty of payment and performance when due and not of collection. In the event of any default by Xxxxxxxx in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx to pay and perform all of the Liabilities as are then or thereafter become due and owing or are to be performed under the terms of the Loan Documents. Guarantor further agrees to pay all expenses (including reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

Appears in 3 contracts

Samples: Espos Inc, Espos Inc, Medley Credit Acceptance Corp

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Guaranty of Obligations. Guarantor unconditionally, absolutely and irrevocably guarantees and promises to pay to Seller, on order or demand, in lawful money of American (US) dollars, any and all indebtedness and obligations of Procurer (First Party) to Seller and the full payment to Seller of all sums which may be presently due and prompt payment owing to Seller from Procurer under this Agreement, and performance when dueby extension the renewal option. The terms indebtedness and obligations are (hereinafter collectively referred to as the Obligations) used herein in their most comprehensive sense and include any and all advances, debts, obligations and liabilities of Procurer, heretofore, now, or hereafter made, incurred or created, whether by acceleration voluntarily or otherwiseinvoluntarily, and at all times thereafter, of all obligations of Borrower to Lender, howsoever created, however arising whether due or evidenced, whether direct or indirectnot due, absolute or contingent, liquidated or now unliquidated, determined or undetermined, whether Procurer may be liable individually or jointly with others, whether recovery upon such indebtedness may be or hereafter existing becomes barred by any statute of limitations or due whether such indebtedness may be or hereafter becomes otherwise unenforceable, and includes Seller’s prompt, full and faithful performance regarding the execution of these presences. The Guarantor will allow the Seller to become due, including, without limitation, under or in connection with that certain Loan seize and Security Agreement of even date, between Borrower and Lender sell its assets (the "Loan Agreement"including marketable commodities) and each up to amount of the documentsmonetized default (monies owed), instruments and agreements executed and delivered in connection therewith, as each may be modified, amended, supplemented or replaced from time the case that the Guarantor does not have the capacity to time (all such obligations are herein referred to collectively as the "Liabilities", and all documents evidencing or securing any execute payment of the Liabilities are herein referred to, collectively, as the "Loan Documents"). This Continuing Corporate Guaranty (this "Continuing Guaranty") is a guaranty of payment and performance when due and not of collection. In the event of any default by Xxxxxxxx in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx to pay and perform all of the Liabilities as are then or thereafter become due and owing or are to be performed under the terms of the Loan Documents. Guarantor further agrees to pay all expenses (including reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guarantyits defaulted obligations.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement (BioCrude Technologies USA, Inc.), Power Purchase Agreement (BioCrude Technologies USA, Inc.)

Guaranty of Obligations. Guarantor unconditionally, absolutely and irrevocably guarantees and promises to pay to Corporation, on order or demand, in lawful money of American (US) dollars, any and all indebtedness and obligations of First Party to Corporation and the full payment to Corporation of all sums which may be presently due and prompt payment owing to Corporation from First Party under this Agreement, and performance when dueby extension, the renewal option. The terms indebtedness and obligations are (hereinafter collectively referred to as the Obligations) used herein in their most comprehensive sense and include any and all advances, debts, obligations and liabilities of First Party, heretofore, now, or hereafter made, incurred or created, whether by acceleration voluntarily or otherwiseinvoluntarily, and at all times thereafter, of all obligations of Borrower to Lender, howsoever created, however arising whether due or evidenced, whether direct or indirectnot due, absolute or contingent, liquidated or now unliquidated, determined or undetermined, whether First Party may be liable individually or jointly with others, whether recovery upon such indebtedness may be or hereafter existing becomes barred by any statute of limitations or due whether such indebtedness may be or hereafter becomes otherwise unenforceable, and includes Corporation’s prompt, full and faithful performance regarding the execution of these presences. The Guarantor will allow the Corporation to become due, including, without limitation, under or in connection with that certain Loan seize and Security Agreement of even date, between Borrower and Lender sell its assets (the "Loan Agreement"including marketable commodities) and each up to amount of the documentsmonetized default (monies owed), instruments and agreements executed and delivered in connection therewith, as each may be modified, amended, supplemented or replaced from time the case that the Guarantor does not have the capacity to time (all such obligations are herein referred to collectively as the "Liabilities", and all documents evidencing or securing any execute payment of the Liabilities are herein referred to, collectively, as the "Loan Documents"). This Continuing Corporate Guaranty (this "Continuing Guaranty") is a guaranty of payment and performance when due and not of collection. In the event of any default by Xxxxxxxx in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx to pay and perform all of the Liabilities as are then or thereafter become due and owing or are to be performed under the terms of the Loan Documents. Guarantor further agrees to pay all expenses (including reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guarantyits defaulted obligations.

Appears in 3 contracts

Samples: Agreement (BioCrude Technologies USA, Inc.), Agreement (BioCrude Technologies USA, Inc.), Agreement (BioCrude Technologies USA, Inc.)

Guaranty of Obligations. Guarantor unconditionally, absolutely and irrevocably guarantees the full and prompt payment and performance when due, whether by acceleration or otherwise, and at all times thereafter, of all obligations of Borrower to Lender, howsoever created, arising or evidenced, whether direct or indirect, absolute or contingent, or now or hereafter existing or due or to become due, including, without limitation, under or in connection with that certain Loan and Security Agreement of even date, between among Guarantor, Borrower and Lender (the "Loan Agreement") and each of the documents, instruments and agreements executed and delivered in connection therewith, as each may be modified, amended, supplemented or replaced from time to time (all such obligations are herein referred to collectively as the "Liabilities", and all documents evidencing or securing any of the Liabilities are herein referred to, collectively, as the "Loan Documents"). This Secured Continuing Corporate Guaranty (this "Continuing Guaranty") is a guaranty of payment and performance when due and not of collection. In the event of any default by Xxxxxxxx in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx to pay and perform all of the Liabilities as are then or thereafter become due and owing or are to be performed under the terms of the Loan Documents. Guarantor further agrees to pay all expenses (including reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

Appears in 3 contracts

Samples: Zengine Inc, Zengine Inc, Zengine Inc

Guaranty of Obligations. For valuable consideration, the Guarantor unconditionally, absolutely and irrevocably guarantees and promises to pay to the full Purchaser on demand, in lawful money of the United States and prompt in immediately available funds, any and all present or future payment and performance when dueobligations of the Sellers hereunder owing to the Purchaser (such guarantee and promise being referred to as this "Guaranty"). The phrase "payment and performance obligations of the Sellers" (hereinafter collectively referred to in this Article III as the "Obligations") is used herein in its most comprehensive sense and includes any and all advances, debts, obligations, and liabilities of the Sellers, now or hereafter made, incurred, or created, whether by acceleration voluntarily or otherwiseinvoluntarily, and however arising, including any and all reasonable attorneys' fees, costs, charges, Yield or interest (including interest at all times thereafterthe Termination Rate as contemplated by Section 1.4, it being understood and agreed that the reference in Section 1.4 to Mattel in its capacity as the Servicer shall not limit the effect of all obligations of Borrower this Article III) owed by the Sellers to Lender, howsoever created, arising or evidencedthe Purchaser, whether direct due or indirectnot due, absolute or contingent, liquidated or now unliquidated, determined or undetermined, whether the Sellers may be liable individually or jointly with others, whether recovery upon such advances, debts, obligations or liabilities may be or hereafter existing becomes barred by any statute of limitations or due whether such advances, debts, obligations or to become due, including, without limitation, under or in connection with that certain Loan and Security Agreement of even date, between Borrower and Lender (the "Loan Agreement") and each of the documents, instruments and agreements executed and delivered in connection therewith, as each liabilities may be modified, amended, supplemented or replaced from time to time (all such obligations are herein referred to collectively as the "Liabilities", and all documents evidencing or securing any of the Liabilities are herein referred to, collectively, as the "Loan Documents"). This Continuing Corporate Guaranty (this "Continuing Guaranty") is a guaranty of payment and performance when due and not of collection. In the event of any default by Xxxxxxxx in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx to pay and perform all of the Liabilities as are then or thereafter hereafter become due and owing or are to be performed under the terms of the Loan Documents. Guarantor further agrees to pay all expenses (including reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guarantyotherwise unenforceable.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Mattel Inc /De/), Receivables Purchase Agreement (Mattel Inc /De/)

Guaranty of Obligations. The Guarantor unconditionally, absolutely hereby jointly and irrevocably severally guarantees to Landlord and its successors and assigns the Tenant's obligations under the Lease and all other amounts from time to time owing to Landlord by Tenant under the Lease (such obligations being herein collectively called the "Guaranteed Obligations"). The Guarantor hereby further jointly and severally agrees that if Tenant shall fail to pay in full and prompt payment and performance when due, due (whether by acceleration or otherwise, and at all times thereafter, of all obligations of Borrower to Lender, howsoever created, arising or evidenced, whether direct or indirect, absolute or contingent, or now or hereafter existing or due or to become due, including, without limitation, under or in connection with that certain Loan and Security Agreement of even date, between Borrower and Lender (the "Loan Agreement") and each of the documents, instruments and agreements executed and delivered in connection therewith, as each may be modified, amended, supplemented or replaced from time to time (all such obligations are herein referred to collectively as the "Liabilities", and all documents evidencing or securing any of the Liabilities are herein referred toGuaranteed Obligations, collectivelythe Guarantor will promptly pay the same, as without any demand or notice whatsoever, and that in the "Loan Documents"). This Continuing Corporate Guaranty (this "Continuing Guaranty") is a guaranty case of any extension of time of payment and performance when due and not of collection. In the event of any default by Xxxxxxxx in making payment of, or default by Borrower in performance of, any of the LiabilitiesGuaranteed Obligations, the same will be promptly paid in full when due (whether by acceleration or otherwise) in accordance with the terms thereof. Guarantor hereby irrevocably and unconditionally covenants and agrees on demand by Xxxxxx that it is liable for the Guaranteed Obligations as a primary obligor. Notwithstanding anything to pay and perform all the contrary in this Guaranty or in the Lease, Landlord shall not be deemed to have waived any right which Landlord may have under Section 506(a), 506(b), 1111(b) or any other provisions of the Liabilities as are then or thereafter become due and owing or are Bankruptcy Code to be performed under file a claim for the terms full amount of the Loan Documents. Guarantor further agrees to pay all expenses (including reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing GuarantyGuaranteed Obligations.

Appears in 2 contracts

Samples: Lease (Terra Tech Corp.), Guaranty (Terra Tech Corp.)

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Guaranty of Obligations. Guarantor unconditionally, absolutely absolutely, irrevocably, jointly and irrevocably severally guarantees the full and prompt payment and performance when due, whether at stated maturity, by required prepayment, declaration, demand, acceleration or otherwiseotherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C., 88 362(a)), and at all times thereafter, of all obligations of each Borrower to LenderAgent for the benefit of the Lenders, howsoever created, arising or evidenced, whether direct or indirect, absolute or contingent, or now or hereafter existing or due or to become due, including, without limitation, all Obligations under or in connection with (and as defined in) that certain Loan Revolving Credit and Security Agreement Agreement, dated on or about the date hereof, by and among the Borrowers, each of even datethe financial institutions from time to time a party thereto (individually, between Borrower each a “Lender” and Lender collectively, the “Lenders” and Agent (as amended, amended and restated, supplemented, extended, joined and/or otherwise modified from time to time, the "Loan “Credit Agreement") and each of the documents, instruments and agreements executed and delivered in connection therewith, as each may be modified, increased, amended, supplemented or replaced from time to time (all such obligations are herein referred to collectively to, collectively, as the "Liabilities", and all documents evidencing or securing any of the Liabilities Liabilities, including without limitation, the Credit Agreement and Other Documents, are herein referred to, collectively, as the "Loan Documents"). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Credit Agreement. This Continuing Corporate Guaranty (this "Continuing Guaranty") is a guaranty of payment and performance when due and not of collection. In the event of any default by Xxxxxxxx any Borrower in making payment when due (whether at stated maturity, by required prepayment, declaration, demand, acceleration, or otherwise) of, or default by any Borrower in performance of, of any of the Liabilities, including but not limited to any Event of Default under the Credit Agreement, Guarantor agrees on demand by Xxxxxx Agent to pay and perform all of the Liabilities as are then or thereafter become due and owing or are to be performed under the terms of the Loan Documents. Guarantor further agrees to pay all expenses (including including, without limitation, reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx Agent in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing GuarantyGuaranty (collectively, “Enforcement Costs”).

Appears in 1 contract

Samples: Englobal Corp

Guaranty of Obligations. Guarantor unconditionallyEach Guarantor, absolutely jointly and irrevocably severally, hereby irrevocably, absolutely, and unconditionally guarantees to the Beneficiaries the full and prompt payment and timely performance when due, whether by acceleration or otherwise, and at all times thereafter, the Originators (in their respective capacities as Originators) of all of their respective obligations of Borrower to Lender, howsoever created, arising or evidenced, whether direct or indirect, absolute or contingent, or now or hereafter existing or due or to become due, under the Transaction Documents including, without limitation, any agreement or obligation of any such Originator to pay any indemnity or any agreement or obligation of any such Originator to make any payment in respect of any applicable dilution adjustment or repurchase obligation under or in connection with that certain Loan and Security Agreement of even date, between Borrower and Lender (the "Loan Agreement") and each of the documents, instruments and agreements executed and delivered in connection therewith, as each may be modified, amended, supplemented or replaced from time to time any such Transaction Document (all such terms, covenants, conditions, agreements, undertakings and obligations are herein referred on the part of each Originator to be paid, performed or observed being collectively as called the "Liabilities"“Obligations”). Without limiting the generality of the foregoing, each Guarantor, jointly and all documents evidencing severally, agrees that if any Originator shall fail in any manner whatsoever to perform or securing observe any of the Liabilities are herein referred to, collectively, as Obligations when the "Loan Documents"). This Continuing Corporate Guaranty (this "Continuing Guaranty") is a guaranty of payment and performance when due and not of collection. In the event of any default by Xxxxxxxx in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx to pay and perform all of the Liabilities as are then or thereafter become due and owing or are same shall be required to be performed or observed under any applicable Transaction Document, then such Guarantor will itself duly and punctually perform or observe or cause to be performed or observed the terms Obligations. Notwithstanding anything contained in this Guaranty to the contrary, this Guaranty does not provide any guaranty with respect to (i) the bad debt or uncollectability of any Receivable, (ii) Obligations resulting from gross negligence or willful misconduct on the Loan Documents. Guarantor further agrees to pay all expenses (including reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx in endeavoring to collect the Liabilitiespart of an indemnified Person, or (iii) with respect to Foreign Receivables, losses incurred due to the Seller’s inability to receive Collections with respect to such Foreign Receivables arising directly as a result of any part thereof, and Originator’s failure to perfect the Seller’s security interest in enforcing this Continuing Guarantyjurisdictions outside the United States.

Appears in 1 contract

Samples: Ashland Global Holdings Inc

Guaranty of Obligations. Guarantor unconditionally, absolutely and irrevocably guarantees and promises to pay to Lender, or order, on demand, in lawful money of the full United States of America and prompt payment in immediately available funds, any and performance when due, whether by acceleration or otherwise, all indebtedness and at all times thereafter, of all obligations of Borrower to LenderLender under the Purchase Agreement and all Notes (collectively, howsoever the "GUARANTEED OBLIGATIONS"). The term "GUARANTEED OBLIGATIONS" is used herein in its most comprehensive sense and includes any and all debts, obligations and liabilities of Borrower to Lender (including, without limitation, any and all attorneys' fees, expenses, costs, premiums, charges and accrued and unpaid interest, including interest that, but for the filing of a petitions in bankruptcy, would have accrued on the Guaranteed Obligations) now existing or hereafter incurred or created, arising whether voluntary or evidencedinvoluntary, and however arising, whether direct due or indirectnot due, absolute or contingent, liquidated or now unliquidated, determined or undetermined, whether Borrower may be liable individually or jointly with others, whether recovery upon such indebtedness may be or hereafter existing become barred by any statute of limitations or due whether such indebtedness may be or hereafter become otherwise unenforceable, and includes Borrower's prompt, full and faithful performance, observance and discharge of each an every term, condition, agreement, representation, warranty, undertaking and provision to become duebe performed by Borrower, including, without limitationas applicable, under the Purchase Agreement or in connection with any Note or otherwise. Guarantor agrees that certain Loan and Security Agreement of even date, between Borrower and Lender (the "Loan Agreement") and each of the documents, instruments and agreements executed and delivered in connection therewith, as each may be modified, amended, supplemented or replaced from time to time (all such obligations are herein referred to collectively as the "Liabilities", and all documents evidencing or securing any of the Liabilities are herein referred to, collectively, as the "Loan Documents"). This Continuing Corporate this Guaranty (this "Continuing Guaranty") is constitutes a guaranty of payment and performance when due and not of collection. In the event of any default by Xxxxxxxx in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx to pay and perform all of the Liabilities as are then or thereafter become due and owing or are to be performed under the terms of the Loan Documents. Guarantor further agrees to pay all expenses (including reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

Appears in 1 contract

Samples: Guaranty (Vitrotech Corp)

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