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 Finance 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 Personal 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.

Guaranty of Obligations. Guarantor unconditionally, absolutely and irrevocably absolutely, 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 Lenderthe Lenders and Agent, 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 that certain Finance the Note 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, 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 Note Agreement and Collateral Documents, are herein referred to, collectively, as the "“Loan Documents"”). This Personal Guaranty (this "Continuing “Guaranty"”) is a guaranty of payment and performance when due and not of collection. Notwithstanding the foregoing, Guarantor shall not be liable for any expenses under this paragraph if no payment by Guarantor is or was due in respect of the Liabilities. In the event of any default by Xxxxxxxx Borrower in making payment of, or default by Borrower in performance of, of any of the Liabilities, including but not limited to an Event of Default under the Note Agreement (as defined therein), 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 Guaranty.

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 Finance Loan and Security Agreement of even date, between Borrower and Lender (as amended, supplemented or modified from time to time, 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 Personal 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 an Event of Default (as defined in making payment of, or default by Borrower in performance of, any of the LiabilitiesLoan Agreement), Guarantor agrees on demand by Xxxxxx Lender to pay and perform all of the Liabilities as are then or thereafter therexxxxx become due and owing or are to be performed under the terms of the Loan Documents. Guarantor further agrees to pay all reasonable expenses (including reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx Lender in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

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 LenderLenders and Agent, 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, due under or in connection with that certain Finance the Loan Agreement of even date, between Borrower and Lender (the "Loan Agreement") and each of the documents, instruments and agreements executed and delivered in connection therewithwith the Loan Agreement, as each may be modified, 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 are herein referred to, collectively, as the "Loan Documents"). This Personal Secured Continuing 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 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 reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx Agent or Lenders in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

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 Finance Loan and Security Agreement of even date, between Borrower among Borrower, Guarantor 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 Personal 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 Borrower in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx Lender 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 Lender in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

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 Finance Loan and Security Agreement dated as of even dateNovember ___, 1995, between Borrower and Lender (the "Loan Agreement") Lender, 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 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 Personal 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 Borrxxxx xx making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx to Lendxx xx 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 Lendxx xx endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

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 Finance 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 Personal 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 Borrower in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor . Xxxxxxxxx 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.

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 Finance 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 Personal Guaranty Continuing Corporate Guaranty, (this "Continuing Guaranty") is a guaranty of payment and performance when due and not of collection. collection In the event of any default by Xxxxxxxx Borrower in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor . Xxxxxxxxx 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.

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 present and future Obligations of Borrower to LenderAgent or any Lender or other Secured Party (collectively, howsoever createdthe “Benefited Parties”) under (and as such terms are defined in ) the Financing Agreement dated as of even date herewith, arising or evidencedby and among Borrower, whether direct or indirectGuarantor, absolute or contingentthe Lenders party thereto, and U.S. Bank National Association, as Agent (as the same may hereafter from time to time be amended, modified, or now or hereafter existing or due or to become duerestated, includingthe “Financing Agreement”), without limitation, under or in connection with that certain Finance Agreement of even date, between Borrower and Lender (the "Loan Agreement") and each of the documentsother agreements, documents and instruments and agreements executed and delivered entered into by Borrower in connection therewith, as each may be modified, amended, supplemented or replaced from time to time therewith (all such obligations Obligations are herein hereinafter 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 Personal Continuing Guaranty (this "Continuing “Guaranty"”) is a guaranty of payment and performance when due and not a guaranty of collection. Capitalized terms used but not defined herein shall have the meaning given to them in the Financing Agreement. In the event of any default by Xxxxxxxx Borrower in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx Agent, on behalf of all of the Benefited Parties, to pay and perform all of the Liabilities as are then or thereafter become due and owing to any or all of the Benefited Parties or are to be performed by Borrower under the terms of the Loan Documents. Guarantor further agrees to pay all expenses (including reasonable attorneys' fees and expensesAttorneys’ Fees) paid or incurred by Xxxxxx Agent, on behalf of the Benefited Parties, in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

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 Finance 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 Personal Limited 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.

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 Finance 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 Personal 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 Borrower in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx Lender 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 Lender in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

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 Finance 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 Personal Secured Continuing 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 Borrower in making payment of, or default by Borrower in performance of, any of the Liabilities, Guarantor agrees on demand by Xxxxxx Lender 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 Lender in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

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 LenderPurchaser, 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 Finance Securities Purchase Agreement dated as of even datethe date hereof, between Borrower among Borrower, Guarantor and Lender Purchaser (the "Loan Securities Purchase 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 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 Personal 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 Purchaser 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 Purchaser in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

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 Finance Loan and Security Agreement of even date, between Borrower and Lender (as amended, supplemented or modified from time to time, 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 Personal 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 an Event of Default (as defined in making payment of, or default by Borrower in performance of, any of the LiabilitiesLoan Agreement), 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 reasonable expenses (including reasonable attorneys' fees and expenses) paid or incurred by Xxxxxx Lender in endeavoring to collect the Liabilities, or any part thereof, and in enforcing this Continuing Guaranty.

Guaranty of Obligations. Guarantor unconditionally, absolutely absolutely, and irrevocably 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. § 362(a)), and at all times thereafter, of all obligations of Borrower Company to LenderAdministrative Agent for the benefit of the Lenders, or to Lenders, howsoever created, arising or evidenced, whether direct or indirect, absolute or contingent, or now or hereafter existing or due or to become due, under or in connection with (and as defined in) that certain Credit Agreement, dated as of the date hereof, among the Company, Guarantor, the Lenders from time to time party thereto, and WESTMOUNT GROUP LLC (“Administrative Agent”) (including all annexes, exhibits and schedules thereto, and as from time to time amended, restated, amended and restated, supplemented or otherwise modified, the “Credit Agreement”) including, without limitation, under or in connection with that certain Finance 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 Obligations (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"“Liabilities”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed thereto in the Credit Agreement. This Personal Guaranty agreement (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this "Continuing “Guaranty"”) is a guaranty of payment and performance when due and not of collection. In During the event continuance of any default by Xxxxxxxx in making payment ofan Event of Xxxxxxx, or default by Borrower in performance of, any of the Liabilities, Guarantor Xxxxxxxxx agrees on demand by Xxxxxx Administrative 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 Credit Documents. Guarantor further agrees to pay all expenses (including including, without limitation, reasonable attorneys' and documented outside counsel fees and expenses) paid or incurred by Xxxxxx Administrative Agent in endeavoring to collect the LiabilitiesObligations, or any part thereof, and in enforcing this Continuing Guaranty.