Common use of Acceptable Modifications Clause in Contracts

Acceptable Modifications. 1. The Guarantor, as primary obligor and not merely as surety, hereby irrevocably and unconditionally guarantees the full and prompt payment when due (whether by acceleration or otherwise) of any sums due and payable by the Counterparty as a result of an Event of Default under the Agreement (including, without limitation, indemnities, damages, fees and interest thereon, pursuant to the terms of the Agreement). Guarantor shall be entitled to exercise any right and assert any defense that the Counterparty has the right to exercise or assert under the Agreement or to setoff, counterclaim or withhold payment in respect of any Event of Default of a Guaranteed Party, but only to the extent such right is provided to Counterparty under the Agreement, and except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty and any defenses expressly waived hereunder. Notwithstanding anything to the contrary herein, the maximum aggregate liability of the Guarantor under this Guaranty shall in no event exceed ; provided, that Guarantor will be responsible for all reasonable legal fees, costs, and expenses incurred by the Guaranteed Party in enforcing the obligations under this Guaranty apart from such liability cap. All such principal, interest, obligations and liabilities, collectively, are the “Guaranteed Obligations”. This Guaranty is a guarantee of payment and not of collection. Modification #4

Acceptable Modifications. 1. The Guarantor, as primary obligor and not merely as surety, hereby irrevocably irrevocably, absolutely and unconditionally guarantees the full and prompt payment when due (whether by acceleration or otherwise) of any sums due and payable by the Counterparty as a result of an Event of Default under the Agreement (including, without limitation, indemnities, damages, fees and interest thereon, pursuant to the terms of the Agreement). Guarantor shall be entitled to exercise any right and assert any defense that the Counterparty has the right to exercise or assert under the Agreement or to setoff, counterclaim or withhold payment in respect of any Event of Default of a Guaranteed Partythe Beneficiary, but only to the extent such right is provided to Counterparty under the Agreement, and except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty and any defenses expressly waived hereunder. Notwithstanding anything to the contrary herein, the maximum aggregate liability of the Guarantor under this Guaranty shall in no event exceed ; provided, that Guarantor will be responsible for all reasonable legal fees, costs, and expenses incurred by the Guaranteed Party Beneficiary in enforcing the obligations or for the protection of Beneficiary’s rights under this Guaranty apart from such liability cap. All such principal, interest, obligations and liabilities, collectively, are the “Guaranteed Obligations”. .” This Guaranty is a guarantee of payment and not of collection. Modification #4

Acceptable Modifications. 1. The Guarantor, as primary obligor and not merely as surety, hereby irrevocably and unconditionally guarantees the full and prompt payment when due (whether by acceleration or otherwise) of any sums due and payable by the Counterparty as a result of an Event of Default under the Agreement (including, without limitation, indemnities, damages, fees and interest thereon, pursuant to the terms of the Agreement). Guarantor shall be entitled to exercise any right and assert any defense that the Counterparty has the right to exercise or assert under the Agreement or to setoff, counterclaim or withhold payment in respect of any Event of Default of a Guaranteed Party, but only to the extent such right is provided to Counterparty under the Agreement, and except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty and any defenses expressly waived hereunder. Notwithstanding anything to the contrary herein, the maximum aggregate liability of the Guarantor under this Guaranty shall in no event exceed _________________; provided, that Guarantor will be responsible for all reasonable legal fees, costs, and expenses incurred by the Guaranteed Party in enforcing the obligations under this Guaranty apart from such liability cap. All such principal, interest, obligations and liabilities, collectively, are the “Guaranteed Obligations”. This Guaranty is a guarantee of payment and not of collection. Modification #4

Acceptable Modifications. 1. The Guarantor, as primary obligor and not merely as surety, hereby irrevocably irrevocably, absolutely and unconditionally guarantees the full and prompt payment when due (whether by acceleration or otherwise) of any sums due and payable by the Counterparty as a result of an Event of Default under the Agreement (including, without limitation, indemnities, damages, fees and interest thereon, pursuant to the terms of the Agreement). Guarantor shall be entitled to exercise any right and assert any defense that the Counterparty has the right to exercise or assert under the Agreement or to setoff, counterclaim or withhold payment in respect of any Event of Default of a Guaranteed Partythe Beneficiary, but only to the extent such right is provided to Counterparty under the Agreement, and except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty and any defenses expressly waived hereunder. Notwithstanding anything to the contrary herein, the maximum aggregate liability of the Guarantor under this Guaranty shall in no event exceed _________________; provided, that Guarantor will be responsible for all reasonable legal fees, costs, and expenses incurred by the Guaranteed Party Beneficiary in enforcing the obligations or for the protection of Beneficiary’s rights under this Guaranty apart from such liability cap. All such principal, interest, obligations and liabilities, collectively, are the “Guaranteed Obligations”. .” This Guaranty is a guarantee of payment and not of collection. Modification #4

Acceptable Modifications. 1. The Guarantor, as primary obligor and not merely as surety, hereby irrevocably and unconditionally guarantees the full and prompt payment when due (whether by acceleration or otherwise) of any sums due and payable by the Counterparty as a result of an Event of Default under the Agreement (including, without limitation, indemnities, damages, fees and interest thereon, pursuant to the terms of the Agreement). Guarantor shall be entitled to exercise any right and assert any defense that the Counterparty has the right to exercise or assert under the Agreement or to setoff, counterclaim or withhold payment in respect of any Event of Default of a Guaranteed Party, but only to the extent such right is provided to Counterparty under the Agreement, and except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty and any defenses expressly waived hereunder. Notwithstanding anything to the contrary herein, the maximum aggregate liability of the Guarantor under this Guaranty shall in no event exceed ; provided, that Guarantor will be responsible for all reasonable legal fees, costs, and expenses incurred by the Guaranteed Party in enforcing the obligations under this Guaranty apart from such liability cap. All such principal, interest, obligations and liabilities, collectively, are the “Guaranteed Obligations”. This Guaranty is a guarantee of payment and not of collection. Modification #4.

Acceptable Modifications. 1. The Guarantor, as primary obligor and not merely as surety, hereby irrevocably irrevocably, absolutely and unconditionally guarantees the full and prompt payment when due (whether by acceleration or otherwise) of any sums due and payable by the Counterparty as a result of an Event of Default under the Agreement (including, without limitation, indemnities, damages, fees and interest thereon, pursuant to the terms of the Agreement). Guarantor shall be entitled to exercise any right and assert any defense that the Counterparty has the right to exercise or assert under the Agreement or to setoff, counterclaim or withhold payment in respect of any Event of Default of a Guaranteed PartyPartythe Beneficiary, but only to the extent such right is provided to Counterparty under the Agreement, and except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Counterparty and any defenses expressly waived hereunder. Notwithstanding anything to the contrary herein, the maximum aggregate liability of the Guarantor under this Guaranty shall in no event exceed ; provided, that Guarantor will be responsible for all reasonable legal fees, costs, and expenses incurred by the Guaranteed Party PartyBeneficiary in enforcing the obligations or for the protection of Beneficiary’s rights under this Guaranty apart from such liability cap. All such principal, interest, obligations and liabilities, collectively, are the “Guaranteed Obligations”. ..” This Guaranty is a guarantee of payment and not of collection. Modification #4