Guaranty of Payment and Performance of Obligations. In consideration of the Lenders’ extending credit or otherwise in their discretion giving time, financial or banking facilities or accommodations to the Borrower, the Guarantor hereby absolutely, irrevocably and unconditionally guarantees to the Administrative Agent and each Lender that the Borrower will duly and punctually pay or perform, at the place specified therefor, or if no place is specified, at the Administrative Agent’s Head Office, (i) all indebtedness, obligations and liabilities of the Borrower to any of the Lenders and the Administrative Agent, individually or collectively, under the Credit Agreement or any of the other Loan Documents or in respect of any of the Loans or the Notes or other instruments at any time evidencing any thereof, whether existing on the date of the Credit Agreement or arising or incurred thereafter, direct or indirect, secured or unsecured, joint or several, absolute or contingent, matured or unmatured, liquidated or unliquidated, arising by contract, operation of law or otherwise, including all such which would become due but for the operation of the automatic stay pursuant to §362(a) of the Federal Bankruptcy Code and the operation of §§502(b) and 506(b) of the Federal Bankruptcy Code; and (ii) without limitation of the foregoing, all reasonable fees, costs and expenses incurred by the Administrative Agent or the Lenders in attempting to collect or enforce any of the foregoing, accrued in each case to the date of payment hereunder (collectively the “Obligations” and individually an “Obligation”). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance by the Borrower of the Obligations and not of their collectibility only and is in no way conditioned upon any requirement that any Lender or the Administrative Agent first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining payment of any of the Obligations which any Lender or the Administrative Agent now has or may acquire after the date hereof or upon any other contingency whatsoever. Upon any Event of Default which is continuing by the Borrower in the full and punctual payment and performance of the Obligations, the liabilities and obligations of the Guarantor hereunder shall, at the option of the Administrative Agent, become forthwith due and payable to the Administrative Agent and to the Lender or Lenders owed the same without demand or notice ...
Guaranty of Payment and Performance of Obligations. For value received and hereby acknowledged and as an inducement to (hereinafter referred to as the "Lessor") to: (a) enter into that certain lease transaction with ____________, (hereinafter referred to as the "Lessee"), relating to the personal care home to be known as "_________________________", located in _____________________________ (hereinafter referred to as the "Facility"), pursuant to the Facility Lease Agreement of even date herewith by and between the Lessor and the Lessee (hereinafter referred to as the "Lease"), and (b) enter into or accept the other Lease Documents (as defined in the Lease) and make future loans, advances and extensions of credit to, for the account of or on behalf of the Lessee, the undersigned, BALANCED CARE CORPORATION, a Delaware corporation, having its principal place of business at 5021 Xxxxxx Xxxxx, Suite 200, Mechanicsburg, Pennsylvania 17055 (the "Guarantor"), being the sole shareholder of the Lessee and, as such, deriving a substantial benefit from the consummation of the transaction evidenced by the Lease Documents, hereby unconditionally guarantees to the Lessor the full payment and performance of the Lease Obligations (as defined in the Lease). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Lease Obligations and not merely of their collectibility and is in no way conditioned upon any requirement that the Lessor first collect or attempt to collect the Lease Obligations or any portion thereof from the Lessee or from any endorser, surety or other guarantor of any of the same or resort to any security or other means of obtaining payment of any of the Lease Obligations that the Lessor now has or may acquire after the date hereof, or upon any other contingency whatsoever. Upon any Lease Default (as defined in the Lease), the Lease Obligations and all liabilities and obligations of the Guarantor to the Lessor, hereunder or otherwise, shall, at the option of the Lessor, become immediately due and payable to the Lessor without further demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Lessor on any number of occasions. This Guaranty shall continue in full force and effect until the complete payment and performance of all of the Lease Obligations. All payments hereunder received by the Lessor shall be applied by the Lessor, without any marshalling of asset...
Guaranty of Payment and Performance of Obligations. The undersigned Guarantor, jointly and severally with each other person or entity which guarantees the "Obligations" (as hereinafter defined), hereby unconditionally guarantees to Sonesta International Hotels Corporation and Sonesta Limited (jointly and severally "Sonesta") that Borrower will duly and punctually pay and perform, at the place specified therefor, the following amounts when and as required to be paid by Borrower pursuant to the Loan Agreement and the Management Agreement: Any and all interest, principal, fees, charges, and other amounts at any time payable by Borrower to Sonesta (or their affiliates) under the Loan Agreement and/or the Management Agreement. The obligations so guaranteed pursuant to the preceding sentence may be collectively referred to in this Guaranty as the "Obligations". This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance by Borrower of the Obligations and not of their collectibility only and is in no way conditioned upon any requirement that Sonesta first attempt to collect any of the Obligations from Borrower or resort to any security or other means of obtaining payment of any of the Obligations. Upon any default by Borrower in the full and punctual payment and performance of the Obligations, the liabilities and obligations of the Guarantor hereunder shall, at the option of Sonesta, become forthwith due and payable to Sonesta without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by Sonesta on any number of occasions.
Guaranty of Payment and Performance of Obligations. Guarantor absolutely, unconditionally and irrevocably guarantees the full and prompt payment in United States currency when due (whether at maturity, a stated prepayment date or earlier by reason of acceleration or otherwise) and at all times thereafter, and the due and punctual performance, of all Indebtedness together with all costs and expenses, including without limitation all court costs and expenses and attorneys' fees, paid or incurred by the Noteholders in endeavoring to enforce this Guaranty or in pursuing any action against Borrower or Guarantor or enforcing any rights of the Noteholders in the security, if any, for the Indebtedness or for liabilities of Guarantor hereunder, and any taxes, fees or penalties which may be paid or payable in connection therewith. This is a continuing guaranty of payment and performance not of collection. Upon an Event of Default, the Noteholders may, at their sole election and without notice, proceed directly and at once against Guarantor to seek and enforce performance of, and to collect and recover, the Indebtedness, or any portion thereof, without first proceeding against Borrower, any other Person, or any security for the Indebtedness or for the liability of any such other Person or the Guarantor hereunder. The Noteholders shall have the exclusive right to determine the application of payments and credits, if any, from Guarantor, Borrower or from any other Person on account of the Indebtedness or otherwise.
Guaranty of Payment and Performance of Obligations. In consideration of the Lenders’ extending credit or otherwise in their discretion giving time, financial or banking facilities or accommodations to the Borrower, the Guarantor hereby absolutely and unconditionally guarantees to the Agent and each Lender that the Borrower will duly and punctually pay or perform, at the place specified therefor, or if no place is specified, at the Agent’s Head Office, (i) all Obligations (as defined in the Loan Agreement); and (ii) without limitation of the foregoing, all fees, costs and expenses incurred by the Agent or the Lenders in attempting to collect or enforce any of the foregoing, accrued in each case to the date of payment hereunder (collectively, the “Obligations” and individually an “Obligation”). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance by the Borrower of the Obligations and not of their collectibility only and is in no way conditioned upon any requirement that any Lender or the Agent first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining payment of any of the Obligations which any Lender or the Agent now has or may acquire after the date hereof or upon any other contingency whatsoever. Upon the occurrence and during the continuance of any Event of Default under (or as defined in) the Loan Agreement, the liabilities and obligations of the Guarantor hereunder shall, at the option of the Agent or the Majority Lenders, become forthwith due and payable to the Agent and to the Lender or Lenders owed the same without demand or notice of any nature, all of which are expressly waived by the Guarantor. Without limiting the foregoing, if any obligations are or become due hereunder from a Guarantor at the time such Guarantor is or becomes the subject of a proceeding under any Debtor Relief Law, such obligations shall be immediately due and payable automatically and without any action on the part of the Agent or any of the Lenders. Payments by the Guarantor hereunder may be required by any Lender or the Agent on any number of occasions.
Guaranty of Payment and Performance of Obligations. In consideration of the Lenders making the Loans under the Credit Agreement to each Borrower, the Guarantor hereby unconditionally guarantees to the Agent and each Lender that each Borrower will duly and punctually pay or perform in accordance with the Credit Agreement, (i) all indebtedness, 200 obligations and liabilities of each Borrower to any of the Lenders and the Agent, individually or collectively, under the Credit Agreement or any of the other Loan Documents or in respect of any of the Loans or the Notes (collectively the "Obligations" and individually an "Obligation"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance by each Borrower of the Obligations and not of their collectibility only and is in no way conditioned upon any requirement that any Lender or the Agent first attempt to collect any of the Obligations from any Borrower or resort to any security or other means of obtaining payment of any of the Obligations which any Lender or the Agent now has or may acquire after the date hereof or upon any other contingency whatsoever. Upon any Event of Default which is continuing by each Borrower in the full and punctual payment and performance of the Obligations, the liabilities and obligations of the Guarantor hereunder shall, at the option of the Agent, become forthwith due and payable to the Agent and to the Lender or Lenders owed the same without demand or notice of any nature, all of which are expressly waived by the Guarantor, except for notices required to be given to such Borrower under the Loan Documents. Payments by the Guarantor hereunder may be required by any Lender or the Agent on any number of occasions.
Guaranty of Payment and Performance of Obligations. (a) The Guarantor unconditionally guarantees to each of the Beneficiaries the full and punctual payment of the Obligations (as defined in subsection (b) below). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment by the Debtor of each of the Obligations, and not of collectibility only, and is in no way conditioned upon any requirement that any Beneficiary first attempts to collect payment from the Debtor or any other guarantor or surety or resorts to any security or other means of obtaining payment of all or any of the Obligations or upon any other contingency. Upon any Event of Default (as defined in the Mortgage) by the Debtor in the full and punctual payment of any of the Obligations, the liabilities and obligations of the Guarantor hereunder shall, at the option of any Beneficiary, become forthwith due and payable without demand or notice of any nature, all such demands and notices being expressly waived by the Guarantor.
Guaranty of Payment and Performance of Obligations. SCC unconditionally guarantees to each Holder the full and prompt payment when due, whether at maturity, at any stated prepayment date or earlier by reason of acceleration or otherwise, and at all times thereafter, of all of the Guaranteed Indebtedness; and the undersigned further agrees to pay all costs and expenses, including, without limitation, all court costs and reasonable attorneys' fees and expenses, paid or incurred in endeavoring to collect all or any part of the Guaranteed Indebtedness from, or in prosecuting any action against, SCTC or the undersigned of all or any part of the Guaranteed Indebtedness. This is a continuing guaranty of payment and not of collection. The undersigned covenants that it will not be discharged except by complete performance of the obligations contained herein. Upon an Event of Default under the Loan Agreements, any Holder may, at its sole election and without notice, proceed directly and at once against the undersigned to collect and recover the full amount of any portion of the liability of the undersigned hereunder, without first proceeding against SCTC, any other Person, or any security or collateral for the Guaranteed Indebtedness or for the liability of the undersigned under this Guaranty. Each Holder shall have the exclusive right to determine the application of payments and credits, if any, from the undersigned, SCTC or from any other Person on account of the Guaranteed Indebtedness owed to such Holder.
