Undersigned as used herein shall mean all parties executing this Guaranty and each of them, and all such parties shall be jointly and severally obligated hereunder. This Guaranty shall be governed by and construed in accordance with the laws of the State of Michigan applicable to contracts made and to be fully performed in such State. Wherever possible, each provision of this Guaranty shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Guaranty shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Guaranty. This Guaranty may be executed in any number of counterparts and by the different parties hereto on separate counterparts, and each such counterpart shall be deemed to be an original but all such counterparts shall together constitute one and the same Guaranty. At any time after the date of this Guaranty, one or more additional Persons may become parties hereto by executing and delivering to the Agent a counterpart of this Guaranty. Immediately upon such execution and delivery (and without any further action), each such additional Person will become a party to, and will be bound by all of the terms of, this Guaranty. This Guaranty may be secured by one or more security agreements or other similar documents. EACH OF THE UNDERSIGNED HEREBY EXPRESSLY AND IRREVOCABLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF MICHIGAN AND OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN FOR THE PURPOSE OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS GUARANTY OR ANY OTHER LOAN DOCUMENT. EACH OF THE UNDERSIGNED FURTHER IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS BY REGISTERED MAIL, POSTAGE PREPAID, TO THE ADDRESS SET FORTH OPPOSITE ITS SIGNATURE HERETO (OR SUCH OTHER ADDRESS AS IT SHALL HAVE SPECIFIED IN WRITING TO THE AGENT AS ITS ADDRESS FOR NOTICES HEREUNDER) OR BY PERSONAL SERVICE WITHIN OR WITHOUT THE STATE OF MICHIGAN. EACH OF THE UNDERSIGNED HEREBY EXPRESSLY AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT REFERRED TO ABOVE AND ANY CLAIM THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. EACH OF THE UNDERSIGNED,...
Undersigned shall refer to all persons who sign this guaranty, severally and jointly.
Undersigned as used herein shall mean all parties executing this Guaranty and each of them, and all such parties shall be jointly and severally obligated hereunder.
Examples of Undersigned in a sentence
Undersigned understands that a helmet is in no way a guarantee of safety and that no helmet can protect the wearer against all foreseeable impacts to the head, and that the activities can expose the Participant to forces that exceed the limits of protection provided by a helmet.
The activities are inherently dangerous and Undersigned fully realizes the dangers of participating in the activities.
Recognizing the risks and dangers, the Undersigned voluntarily chooses for Participant to participate in the activities and expressly assumes all risks and dangers of the participation in the activity, whether or not described above, known or unknown, inherent, or otherwise.
Undersigned agrees that Participant shall use a helmet when participating in the following activities: Alpine skiing, cycling, equestrian, ice hockey, outdoor rock climbing, snowboarding, white water kayaking, white water river rafting, and any other activity when directed by Released Parties.
Undersigned agrees to assume full responsibility for complying with this paragraph and that Released Parties shall not be liable for any injury or damages resulting from Participant’s failure to use a helmet.
More Definitions of Undersigned
Undersigned means, if this Note is signed by more than one party, unless otherwise stated herein, the "undersigned and each of them" and each undertaking herein contained shall be their joint and several undertaking. The Bank may proceed against one or more of the undersigned at one time or from time to time as it elects in its sole and absolute discretion.
Undersigned means only the Participant when the Participant is age 18 or older, OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. In consideration for the Participant’s participation in training, competition, or special events at Grand Targhee Resort (“the Resort”), and the Participant’s use of the Resort, I, the Undersigned, understand, acknowledge, and contractually agree as follows (the Agreement):
Undersigned means the Adult and Minor collectively.
Undersigned and “undersigned” shall mean and include the person who has signed below and that person’s personal representatives, heirs, children, and next of kin.
Undersigned means all parties executing this guaranty, and all such parties shall be jointly and severally obligated hereunder. The undersigned hereby expressly and irrevocably waives all rights that it may have at law or in equity to seek subrogation, indemnification, contribution or any other form of reimbursement from the Debtor or any other person now or hereafter primarily or secondarily liable for any of the Liabilities or the Obligations, all rights to enforce any remedy the Lender may have against the Debtor and any benefit of, or right to participate in any collateral or security, now and hereafter held by the Lender in respect to the Liabilities and Obligations, even upon payment in full of the Liabilities and satisfaction of the Obligations. THE UNDERSIGNED HEREBY EXPRESSLY AGREES, CONSENTS AND SUBMITS TO THE PERSONAL JURISDICTION OF ANY STATE COURT SITTING IN COBB XXXNTY, GEORGIA, OR THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA, WITH RESPECT TO ANY SUIT OR LEGAL ACTION CONCERNING THIS GUARANTY OR ANY OF THE OTHER LOAN DOCUMENTS, AND THE UNDERSIGNED ALSO EXPRESSLY CONSENTS AND SUBMITS TO AND AGREES THAT VENUE IN ANY SUCH SUIT OR LEGAL ACTION IS PROPER IN SAID COURTS AND THE UNDERSIGNED HEREBY EXPRESSLY WAIVES ANY AND ALL PERSONAL RIGHTS UNDER APPLICABLE LAW OR IN EQUITY TO OBJECT TO THE JURISDICTION AND VENUE OF SAID COURTS. THE JURISDICTION AND VENUE OF THE COURTS CONSENTED AND SUBMITTED TO AND AGREED UPON IN THIS SECTION ARE NOT EXCLUSIVE BUT ARE CUMULATIVE AND IN ADDITION TO THE JURISDICTION AND VENUE OF ANY OTHER COURT UNDER ANY APPLICABLE LAW OR IN EQUITY.
Undersigned means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when one or more Participant is under the age of 18. “Released Parties” mean TOWN OF FRISCO or any of its successors, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, and officials. The “Activity” means taking part in snow tubing; skiing; snowboarding; jumping; riding on the lift; taking part in events and activities at the Frisco Peninsula Recreation Area; or using the tubing hill, the ski and ride hill, the terrain park, the day lodge and/or any of the other facilities of the Frisco Peninsula Recreation Area for any purpose.
Undersigned means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. The Undersigned represent that Participant has the physical and emotional ability to participate in the ACTIVITY and agree and understand that ANY OR ALL OF THE VARIOUS ACTIVITY(IES), require physical exertion, can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH which could occur including the risks of loading, riding and unloading the aerial lifts, changing weather conditions, loose gravel and dirt, rocks, uneven terrain, collisions with natural, man-made and other objects or persons, climbing stairs, dangers from flying objects whether man-made or natural from other participants or yourself, and all of the other risks that are included in participation in various outdoor activities in a mountain environment.