Common use of Absolute Rights and Obligations Clause in Contracts

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 26 contracts

Samples: Subsidiary Guaranty Agreement (Sonic Automotive Inc), Subsidiary Guaranty Agreement (Sonic Automotive Inc), Subsidiary Guaranty Agreement (Sonic Automotive Inc)

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Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 16 contracts

Samples: Letter Agreement (Autonation, Inc.), Credit Agreement (Autonation, Inc.), Credit Agreement (Mattel Inc /De/)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each the Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 9 contracts

Samples: Company Guaranty Agreement (Sonic Automotive Inc), Company Guaranty Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each the Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 8 contracts

Samples: Credit Agreement (Avnet Inc), Guaranty Agreement, Credit Agreement (Avnet Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments any other Loan Document to which it is a party by reason of:

Appears in 5 contracts

Samples: Guaranty Agreement (Granite Construction Inc), Guaranty Joinder Agreement (Granite Construction Inc), Intercreditor and Collateral Agency Agreement (Granite Construction Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 5 contracts

Samples: Credit Agreement (Pepsiamericas Inc), Guaranty Agreement (Block Communications Inc), Credit Agreement (Insteel Industries Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 5 contracts

Samples: Security and Pledge Agreement (BJs RESTAURANTS INC), Credit Agreement (Carmax Inc), Credit Agreement (Carmax Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments security instruments to which it is a party by reason of:

Appears in 5 contracts

Samples: Guaranty Agreement, Credit Agreement (QC Holdings, Inc.), Credit Agreement (QC Holdings, Inc.)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Collateral Documents to which it is a party by reason of:

Appears in 5 contracts

Samples: Credit Agreement (Tile Shop Holdings, Inc.), Guaranty Agreement (Tile Shop Holdings, Inc.), Credit Agreement (Power One Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Company Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor the Company hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Company Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 4 contracts

Samples: Company Guaranty Agreement (Asbury Automotive Group Inc), Company Guaranty Agreement (Asbury Automotive Group Inc), Company Guaranty Agreement (Asbury Automotive Group Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor the Company hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments any agreement creating or perfecting rights in Cash Collateral or other credit support pursuant to Section 2.15 of the Credit Agreement to which it is a party by reason of:

Appears in 4 contracts

Samples: Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and severalseveral as set forth in Section 1 above, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Collateral Documents to which it is a party by reason of:

Appears in 4 contracts

Samples: Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Varian Medical Systems Inc), Assignment and Assumption (Varian Medical Systems Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each the Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement Agreement, the Credit Agreement, the other Loan Documents, and all Security Instruments to which it is a party by reason of:

Appears in 4 contracts

Samples: Credit Agreement (Hunt J B Transport Services Inc), Credit Agreement (Hunt J B Transport Services Inc), Credit Agreement (Hunt J B Transport Services Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor's Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each the Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 3 contracts

Samples: Credit Agreement (Stryker Corp), Credit Agreement (Avnet Inc), Guaranty Agreement (Avnet Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Loan Documents to which it is a party by reason of:

Appears in 3 contracts

Samples: Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Valmont Industries Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 3 contracts

Samples: Credit Agreement (Precision Castparts Corp), Guaranty Agreement (Precision Castparts Corp), Guaranty Agreement (Precision Castparts Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments the Pledge Agreement to which it is a party by reason of:

Appears in 2 contracts

Samples: Intercreditor Agreement (Tech Data Corp), Credit Agreement (Tech Data Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense (other than a defense of payment and performance) to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 2 contracts

Samples: Credit Agreement (Mueller Water Products, Inc.), Assignment and Assumption (Mueller Water Products, Inc.)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and Form of Guaranty several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Assignment and Assumption (Piedmont Natural Gas Co Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor's Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional unconditional, subject to the limitation set forth in Section 1 hereof, irrespective of, and each the Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Credit Agreement (Wackenhut Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to the other Loan Documents which it is a party by reason of:

Appears in 1 contract

Samples: Guaranty (Borgwarner Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by lawApplicable Law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Documents to which it is a party by reason of:

Appears in 1 contract

Samples: Credit Agreement (Sanmina Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each the Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Loan Documents to which it is a party by reason of:

Appears in 1 contract

Samples: Credit Agreement (Valmont Industries Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not -------------------------------- of collection. The Guarantors’ Guarantor's Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each the Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Company Guaranty Agreement (Carmax Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement Agreement, the Indenture and all Security Instruments the Securities to which it is a party by reason of:

Appears in 1 contract

Samples: Guaranty Agreement (Kellwood Co)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor the Company hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Collateral Documents to which it is a party by reason of:

Appears in 1 contract

Samples: Company Guaranty Agreement (Ceco Environmental Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments security instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Unlimited Continuing Guaranty (QC Holdings, Inc.)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each the Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Credit Agreement (Ceridian Corp /De/)

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Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Collateral Documents to which it is a party by reason of:: 

Appears in 1 contract

Samples: Guaranty Agreement (Tile Shop Holdings, Inc.)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Collateral Documents to which it is a party by reason of:

Appears in 1 contract

Samples: Guaranty Joinder Agreement (Borgwarner Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments any other Loan Documents to which it is a party by reason of:

Appears in 1 contract

Samples: Credit Agreement (Gtech Holdings Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to the other Loan Documents which it is a party by reason of:

Appears in 1 contract

Samples: Guaranty (Borgwarner Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense (other than the defense that the Guaranteed Liabilities have been indefeasibly paid in full in cash) to its obligations under this Guaranty Agreement and all Security Instruments Loan Documents to which it is a party by reason of:

Appears in 1 contract

Samples: Credit Agreement (Hologic Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Barnes & Noble Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Company Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor the Company hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Company Guaranty Agreement and Agreement, all Security Instruments Collateral Documents to which it is a party and any agreement creating or perfecting rights in Cash Collateral pursuant to Section 2.16 of the Credit Agreement by reason of:

Appears in 1 contract

Samples: Company Guaranty Agreement (Fresh Del Monte Produce Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each the Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:: Form of Parent Guaranty

Appears in 1 contract

Samples: Senior Unsecured Term Loan Credit Agreement (Avnet Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Collateral Documents to which it is a party by reason of:

Appears in 1 contract

Samples: Pledge Agreement (Cabot Microelectronics Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Guaranty Joinder Agreement (Precision Castparts Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments any other Operative Documents to which it is a party by reason of:

Appears in 1 contract

Samples: Participation Agreement (Gtech Holdings Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Documents to which it is a party by reason of:

Appears in 1 contract

Samples: Guaranty Agreement (Cone Mills Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Subsidiary Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Subsidiary Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Credit Agreement (Regis Corp)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Term Credit Agreement (Hughes Supply Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by lawLaw, any defense (other than a defense of payment in full of all of the Obligations) to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Guaranty Agreement (Bearingpoint Inc)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Guarantor’s Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each the Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments Collateral Documents to which it is a party by reason of:

Appears in 1 contract

Samples: Guaranty Agreement (Dayton Power & Light Co)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors' Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement Agreement, the Indenture and all Security Instruments the Debentures to which it is a party by reason of:

Appears in 1 contract

Samples: Guaranty Agreement (Kellwood Co)

Absolute Rights and Obligations. This is a guaranty of payment and not of collection. The Guarantors’ Obligations under this Guaranty Agreement shall be joint and several, absolute and unconditional irrespective of, and each Guarantor hereby expressly waives, to the extent permitted by law, any defense to its obligations under this Guaranty Agreement and all Security Instruments to which it is a party by reason of:

Appears in 1 contract

Samples: Credit Agreement (Regis Corp)

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