Common use of The Guaranty Clause in Contracts

The Guaranty. Subject to Section 9 hereof, the Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any Borrower to pay punctually any such amount, the Guarantor agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor waives any right to require the Agent or any Bank to xxx the Borrowers, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, the Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Guaranteed Obligations, including without limitation any such Obligations or Rate Management Guaranteed Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations")proceeding. Upon failure by any Borrower Debtor to pay punctually any such amountGuaranteed Obligation, the Guarantor agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount Guaranteed Obligation not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction the relevant Loan Document or the relevant other Loan Documentagreement relating to any Swap Agreement Obligations or Banking Services Obligations, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor waives any right to require the Agent or any Bank Lender to xxx the Borrowersany Debtor, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.. As used in this Guaranty:

The Guaranty. Subject to Section 9 hereof, Each of the Guarantor Guarantors hereby absolutely and unconditionally guarantees, as primary obligor jointly and not as suretyseverally with each other Guarantor, the full and punctual payment and performance when due (whether at stated maturity, upon acceleration or early termination or otherwise) of the Obligations, including, without limitation, (i) the principal of and interest on the extension of credit made to the Borrower pursuant to this Agreement, (ii) all other amounts payable by the Borrower and the Guarantors under this Agreement and the other Loan Documents and (iii) the punctual and faithful performance, keeping, observance, and at fulfillment by the Borrower and the Guarantors of all times thereafter) and performance of the Obligations agreements, conditions, covenants, and obligations of the Borrower and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during Guarantors contained in the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding Loan Documents (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by the Borrower or any Borrower Guarantor to pay punctually any such amountamount or perform such obligation, such that an Event of Default occurs and continues, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks and, if applicable, their Affiliates, the such amount not so paid or perform such obligation at the place and in the manner specified herein or in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty All payments required to be made by each Guarantor hereunder shall be applied by the Agent in accordance with Section 2.8. Each of the Guarantors hereby agrees that the guaranty hereunder is a an absolute, irrevocable and unconditional guaranty of payment and is not a guaranty of collection. The Guarantor waives any right to require the Agent or any Bank to xxx the Borrowers, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 10 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Credit Party Obligations, including without limitation any such Obligations or Rate Management Credit Party Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 10 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction Note or the relevant other Loan Credit Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Lenders or the Administrative Agent or any Bank to xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks and, if applicable, their AffiliatesLenders, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, Note or any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersPrincipal, any other guarantor, or any other person Person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 10 hereof, the Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturitymaturity or due date, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of all obligations of MS Westfield arising under the Obligations and the Rate Management ObligationsLease Agreement, including without limitation any such Obligations or Rate Management Obligations obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 10 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower MS Westfield to pay punctually any such amount, the Guarantor agrees that it shall forthwith on demand pay to the Agent for Lessor or the benefit of the Banks andCity, if as applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Lease Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor waives any right to require the Agent or any Bank Lessor to xxx the BorrowersXX Xxxxxxxxx, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Guaranteed Obligations and the Rate Management Obligations, including without limitation any such Guaranteed Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations")proceeding. Upon failure by any Borrower the Principals to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Agent or any Bank Lender to xxx the Borrowersany Principal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Guarantors hereby absolutely absolutely, irrevocably and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter, at the time and place and in the manner provided for in the Credit Agreement) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any the Borrower to pay punctually any such amount, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks and, if applicable, their AffiliatesLenders, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, Note or any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a continuing guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersBorrower, any other guarantor, or any other person Person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof9, each of the Guarantor hereby Guarantors hereby, jointly and severally, absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter, at the time and in the manner and otherwise in accordance with the terms of the Credit Agreement) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof9, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any the Borrower to pay punctually any such amount, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks and, if applicable, their AffiliatesSecured Parties, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, Note or any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a continuing guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersBorrower, any other guarantor, or any other person Person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, the Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any the Borrower to pay punctually any such amount, the Guarantor agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor hereby waives any right to require the Agent or any Bank Lender to xxx the BorrowersBorrower, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter, at the time and in the manner and otherwise in accordance with the terms of the Credit Agreement) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any the Borrower to pay punctually any such amount, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks and, if applicable, their AffiliatesLenders, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, Note or any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a continuing guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersBorrower, any other guarantor, or any other person Person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, the Subsidiary Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Secured Obligations, including without limitation any such Obligations or Rate Management Secured Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower the Principal to pay punctually any such amount, the Subsidiary Guarantor agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Subsidiary Guarantor waives any right to require the Agent or any Bank Lender to xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 10 hereof, the Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturitymaturity or due date, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of all obligations of XX Xxxxxxxxx arising under the Obligations and the Rate Management ObligationsLease Agreement, including without limitation any such Obligations or Rate Management Obligations obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 10 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower XX Xxxxxxxxx to pay punctually any such amount, the Guarantor agrees that it shall forthwith on demand pay to the Agent for Lessor or the benefit of the Banks andCity, if as applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Lease Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor waives any right to require the Agent or any Bank Lessor to xxx the Borrowerssue XX Xxxxxxxxx, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the all Secured Obligations and the Rate Management Obligationsowing to any Secured Party, including without limitation any such Obligations or Rate Management Secured Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any the Borrower to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks and, if applicable, their Affiliates, Secured Parties the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Administrative Agent or any Bank Secured Party to xxx sue the BorrowersBorrower, any other guarantor, or any other person obligated for xxr all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor ------------ Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Secured Obligations, including without limitation any such Obligations or Rate Management Secured Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on written demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the applicable Credit Agreement, any Note, any Rate Management Transaction Note or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Reimbursement Obligations and the Rate Management Obligationsother Obligations of RSC, including without limitation any such Reimbursement Obligations or Rate Management and other Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction Agreement or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersPrincipal, any other guarantorGuarantor, or any other person Person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management ObligationsObligations with the Lenders, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 10 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Credit Party Obligations, including without limitation any such Obligations or Rate Management Credit Party Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 10 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction Note or the relevant other Loan Credit Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Lenders or the Administrative Agent or any Bank to xxx sue the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 10 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 10 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction Note or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Lenders or the Administrative Agent or any Bank to xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Loan Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Agent or any Bank Banks to xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of all obligations of the Obligations Principal under the Credit Agreement and the Rate Management Obligations, including including, without limitation limitation, any such Obligations obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their 102 Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Agent or any Bank Lender to xxx the Borrowerssux xhe Principal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 10 hereof, each of the Guarantor Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 10 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Guarantors agrees jointly and severally, that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, the Subsidiary Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any Borrower the Principal to pay punctually any such amount, the Subsidiary Guarantor agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Subsidiary Guarantor waives any right to require the Agent or any Bank Lender to xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof9, each of the Guarantor Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter, at the time and in the manner and otherwise in accordance with the terms of the Credit Agreement) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof9, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any the Borrower to pay punctually any such amount, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks and, if applicable, their AffiliatesLenders and the Issuers, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, Note or any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a continuing guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent Agent, any Lender or any Bank Issuer to xxx the BorrowersBorrower, any other guarantor, or any other person Person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, the The Parent Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”); provided that the “Guaranteed Obligations” shall exclude any Excluded Swap Obligations. Upon failure by any the US Borrower to pay punctually any such amount, the Parent Guarantor agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, Guaranteed Cash Management Agreement or Guaranteed Hedge Agreement, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Parent Guarantor waives any right to require the Agent or any Bank Lender to xxx the BorrowersUS Borrower, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof9, each of the Guarantor hereby Guarantors hereby, jointly and severally, absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter, at the time and in the manner and otherwise in accordance with the terms of the Credit Agreement) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof9, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any the Borrower to pay punctually any such amount, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks and, if applicable, their AffiliatesSecured Parties, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, Note or any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a continuing guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent Agent, any Lender or any Bank Issuer to xxx the BorrowersBorrower, any other guarantor, or any other person Person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, the Subsidiary Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any Borrower the Principal to pay punctually any such amount, the Subsidiary Guarantor agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and the Agent and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Subsidiary Guarantor waives any right to require the Agent or any Bank Lender to sue xxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 10 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Credit Party Obligations, including without limitation any such Obligations or Rate Management Credit Party Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 10 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction Note or the relevant other Loan Credit Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Lenders or the Administrative Agent or any Bank to xxx sxx the BorrowersPrincipal, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and (including the Rate Management Obligations and the Bank Product Obligations), including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower the Borrowers to pay punctually any such amount, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction, any Bank Product Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent or any Bank Lender to xxx any of the Borrowers, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Loan Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Secured Obligations, including without limitation any such Obligations or Rate Management Secured Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations")proceeding. Upon failure by any Borrower Debtor to pay punctually any such amountSecured Obligation, each of the Guarantor Loan Guarantors agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount Secured Obligation not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction the relevant Loan Document or the relevant other Loan Documentagreement relating to any Swap Agreement Obligations or Banking Services Obligations, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Loan Guarantors waives any right to require the Agent or Lender to sxx any Bank to xxx the BorrowersDebtor, any other guarantor, or any other person obligated for all or any part of the Guaranteed Secured Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Secured Obligations.

The Guaranty. Subject to Section 9 hereof, the Subsidiary Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Guaranteed Obligations and the Rate Management Obligations, including without limitation any such Guaranteed Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations")proceeding. Upon failure by any Borrower the Borrowers to pay punctually any such amount, the Subsidiary Guarantor agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Subsidiary Guarantor waives any right to require the Agent or any Bank Lender to xxx the Borrowersany Borrower, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any the Borrower to pay punctually any such amount, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks and, if applicable, their AffiliatesLenders, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, Note or any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersBorrower, any other guarantor, or any other person Person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower to pay punctually any such amount, each of the Guarantor Guarantors agrees that it shall forthwith on demand pay to the Administrative Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Guarantors waives any right to require the Agent or any Bank Lender to xxx the Borrowersany Borrower, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, the Guarantor hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or and the Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "Guaranteed Obligations"). Upon failure by any the Borrower to pay punctually any such amount, the Guarantor agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor waives any right to require the Agent or any Bank Lender to xxx the BorrowersBorrower, any other guarantor, or any other person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.

The Guaranty. Subject to Section 9 hereof, each of the Guarantor Subsidiary Guarantors hereby absolutely and unconditionally guarantees, as primary obligor and not as surety, the full and punctual payment (whether at stated maturity, upon acceleration or early termination or otherwise, and at all times thereafter) and performance of the Obligations and the Rate Management Obligations, including without limitation any such Obligations or Rate Management Obligations incurred or accrued during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not allowed or allowable in such proceeding (collectively, subject to the provisions of Section 9 hereof, being referred to collectively as the "“Guaranteed Obligations"”). Upon failure by any Borrower the Principal to pay punctually any such amount, each of the Guarantor Subsidiary Guarantors agrees that it shall forthwith on demand pay to the Agent for the benefit of the Banks Lenders and, if applicable, their Affiliates, the amount not so paid at the place and in the manner specified in the Credit Agreement, any Note, any Rate Management Transaction or the relevant other Loan Document, as the case may be. This Guaranty is a guaranty of payment and not of collection. The Guarantor Each of the Subsidiary Guarantors waives any right to require the Agent or any Bank Lender to xxx the BorrowersPrincipal, any other guarantorGuarantor, or any other person Person obligated for all or any part of the Guaranteed Obligations, or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.