Agreement to Guaranty. The New Guarantor hereby agrees, jointly and severally with all the existing Guarantors, to unconditionally guarantee the Issuer’s obligations under the Securities and the Indenture on the terms and subject to the conditions set forth in Article 13 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Securities.
Agreement to Guaranty. The Guarantying Subsidiary hereby agrees to provide an unconditional Guaranty on the terms and subject to the conditions set forth in the Guaranty and in the Indenture including but not limited to Article 11 thereof.
Agreement to Guaranty. The Guarantying Subsidiary hereby agrees to provide, and does hereby provide, an unconditional Guaranty on the terms and subject to the conditions set forth in the Guaranty and in the Indenture including but not limited to Article 11 thereof (which is hereby incorporated by reference).
Agreement to Guaranty. Each Guaranteeing Subsidiary hereby agrees, jointly and severally with the other Guarantors (as defined in the Indenture referred to herein), to provide an unconditional Guaranty, on and subject to the terms, conditions and limitations set forth in the Guaranty and in the Indenture, including, but not limited, to Article Eight of the First Supplemental Indenture and the Third Supplemental Indenture and to perform all of the obligations and agreements of a Guarantor under the Indenture as if named as a Guarantor thereunder.
Agreement to Guaranty. Parent [and Xxxxx 0 LLC] hereby agree[s], jointly and severally with all other Guarantors, if any, to unconditionally guarantee Financing’s obligations under the Securities and the Indenture on the terms and subject to the conditions set forth in Article X of the Indenture and to be bound by all other applicable provisions of the Securities and the Indenture.
Agreement to Guaranty. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and to induce you, at your option, to make loans or engage in any other transactions with the Borrower from time to time, I absolutely and unconditionally promise to pay and guarantee the full and prompt payment of the following Debt when due (whether at maturity or upon acceleration), including without limitation, all principal, accrued interest, attorneys' fees and collection costs, when allowed by law, that may become due from the Borrower to you in collecting the Debt and in enforcing this Guaranty and all other agreements with respect to the Borrower.
Agreement to Guaranty. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and to induce you, at your option, to make loans or engage in any other transactions with the Borrower from time to time, I absolutely and unconditionally promise to pay and guaranty the full and prompt payment of all Debt of every type, purpose and description that the Borrower may now or at any time in the future owe you (whether at maturity or upon acceleration), including without limitation, all principal, accrued interest, attorneys’ fees and collection costs, when allowed by law, that may become due from the Borrower to you in collecting the Debt and in enforcing this Guaranty and all other agreements with respect to the Borrower, including the Loan Agreement; provided, however, that anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability hereunder and under the other Loan Documents of Guarantor shall in no event exceed an amount equal to the largest amount that would not render Guarantor’s obligations hereunder subject to avoidance under Section 548 of the Federal Bankruptcy Code.
Agreement to Guaranty. Guarantor requests that the DEP make the Loan (as herein defined) to Polk Regional Water Cooperative (Borrower) as contemplated and in accordance with the Interlocal Agreement, Exhibit
Agreement to Guaranty. The Guarantor, as primary obligor and not merely as surety, hereby, absolutely, unconditionally and irrevocably, guarantees: (i) the due and punctual payment in full (and not merely the collectibility) by the Borrower of the principal of the Time Note, and the interest thereon, when due and payable, according to the terms of the Time Note, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), (ii) all costs of collection and expenses, including reasonable attorneys’ fees incurred by the Lender to collect the Guaranteed Obligations from any party liable for the payment thereof, whether as maker, endorser, guarantor, surety or otherwise, or in protecting, enforcing or realizing upon the Lender’s rights in connection with any collateral securing the Guaranteed Obligations or any guaranty thereof (all of the indebtedness, obligations and liabilities described in this Section 2 are collectively hereinafter called the “Guaranteed Obligations”).
Agreement to Guaranty. Guarantor shall execute (1) a guaranty form provided by the Agent pursuant to which Guarantor will guarantee up to $10,000,000.00 of the obligations, liabilities and indebtedness of Borrowers to Lenders incurred pursuant to the Loan Agreement, and (2) the Settlement Agreement pursuant to which Guarantor will guarantee up to $687,500.00 of the obligations, liabilities and indebtedness of AMCON to TEAM incurred pursuant to the Settlement Agreement (collectively, the "Guaranty").
