Common use of Continuing Guaranty of Payment Clause in Contracts

Continuing Guaranty of Payment. This Guaranty is and shall be an absolute, unconditional, irrevocable and continuing guaranty of payment, and not merely of collection, and from time to time or at any time the Guaranteed Obligations may be increased, reduced or paid in full without affecting the liability or obligation of Guarantor with respect to indebtedness, liabilities and obligations of Borrower to Administrative Agent or any Lender thereafter incurred. Guarantor further agrees that this Guaranty shall continue to be effective or be reinstated (if a release or discharge has occurred), as the case may be, if at any time any payment (or any part thereof) to Administrative Agent or any Lender in respect of the Guaranteed Obligations is rescinded or must otherwise be restored by Administrative Agent or any Lender pursuant to any bankruptcy, insolvency, reorganization, receivership or other debtor relief granted to Borrower or its successors or assigns. In the event that Administrative Agent or any Lender must rescind or restore any payment received by Administrative Agent or any Lender, respectively, in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantor by Administrative Agent or such Lender, respectively, shall be without effect, and this Guaranty shall remain in full force and effect. It is the intention of Administrative Agent, Lenders and Guarantor that Guarantor's liabilities and obligations hereunder shall not be discharged except by the full and complete payment and performance of the Guaranteed Obligations and then only to the extent of such payment and performance. This Guaranty is independent of, and in addition and without modification to and does not impair or in any way affect any other guaranty, endorsement or other agreement executed in favor of Administrative Agent or any Lender, and this Guaranty and Guarantor's liabilities and obligations under this Guaranty shall not be impaired or otherwise affected by the execution, delivery or performance by Guarantor or any other Person of any other guaranty, endorsement or other agreement.

Appears in 4 contracts

Samples: Guaranty Agreement (Savvis Communications Corp), Guaranty Agreement (Savvis Communications Corp), Guaranty Agreement (Savvis Communications Corp)

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Continuing Guaranty of Payment. This Guaranty is and shall be an absolute, unconditional, irrevocable and continuing guaranty of payment, and not merely of collection, and from time to time or at any time the Guaranteed Obligations may be increased, reduced or paid in full without affecting the liability or obligation of Guarantor with respect to indebtedness, liabilities and obligations of Borrower Savvis to Administrative Agent GE Capital or any Lender Lessor thereafter incurred. Guarantor further agrees that this Guaranty shall continue to be effective or be reinstated (if a release or discharge has occurred), as the case may be, if at any time any payment (or any part thereof) to Administrative Agent GE Capital or any Lender Lessor in respect of the Guaranteed Obligations is rescinded or must otherwise be restored by Administrative Agent GE Capital or any Lender Lessor pursuant to any bankruptcy, insolvency, reorganization, receivership or other debtor relief granted to Borrower Savvis or its successors or assigns. In the event that Administrative Agent GE Capital or any Lender Lessor must rescind or restore any payment received by Administrative Agent GE Capital or any LenderLessor, respectively, in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantor by Administrative Agent GE Capital or such LenderLessor, respectively, shall be without effect, and this Guaranty shall remain in full force and effecteffect and/or shall be reinstated to be in full force and effect (as applicable). It is the intention of Administrative AgentGE Capital, Lenders Lessors and Guarantor that Guarantor's liabilities and obligations hereunder shall not be discharged except by the full and complete payment and performance of the Guaranteed Obligations and then only to the extent of such payment and performance. This Guaranty is independent of, and in addition and without modification to and does not impair or in any way affect any other guaranty, endorsement or other agreement executed in favor of Administrative Agent GE Capital or any LenderLessor, and this Guaranty and Guarantor's liabilities and obligations under this Guaranty shall not be impaired or otherwise affected by the execution, delivery or performance by Guarantor or any other Person of any other guaranty, endorsement or other agreement.

Appears in 4 contracts

Samples: Guaranty Agreement (Savvis Communications Corp), Guaranty Agreement (Savvis Communications Corp), Guaranty Agreement (Savvis Communications Corp)

Continuing Guaranty of Payment. This Guaranty is and shall be an absolute, unconditional, irrevocable and continuing guaranty of payment, and not merely of collection, and from time to time or at any time the Guaranteed Obligations may be increased, reduced or paid in full without affecting the liability or obligation of Guarantor with respect to indebtedness, liabilities and obligations of Borrower to Administrative Agent or any Lender thereafter incurred. Guarantor further agrees that this Guaranty shall continue to be effective or be reinstated (if a release or discharge has occurred), as the case may be, if at any time any payment (or any part thereof) to Administrative Agent or any Lender in respect of the Guaranteed Obligations is rescinded or must otherwise be restored by Administrative Agent or any Lender pursuant to any bankruptcy, insolvency, reorganization, receivership or other debtor relief granted to Borrower or its successors or assigns. In the event that Administrative Agent or any Lender must rescind or restore any payment received by Administrative Agent or any Lender, respectively, in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantor by Administrative Agent or such Lender, respectively, shall be without effect, and this Guaranty shall remain in full force and effect. It is the intention of Administrative Agent, Lenders and Guarantor that Guarantor's liabilities and obligations hereunder shall not be discharged except by the full and complete payment and performance of the Guaranteed Obligations and then only to the extent of such payment and performance. This Guaranty is independent of, and in addition and without modification to to, and does not impair or in any way affect any other guaranty, endorsement or other agreement executed in favor of Administrative Agent or any Lender, and this Guaranty and Guarantor's liabilities and obligations under this Guaranty shall not be impaired or otherwise affected by the execution, delivery or performance by Guarantor or any other Person of any other guaranty, endorsement or other agreement.

Appears in 2 contracts

Samples: Guaranty Agreement (Physician Reliance Network Inc), Security Agreement (Old America Stores Inc)

Continuing Guaranty of Payment. This Guaranty is and shall be an absolute, unconditional, irrevocable and continuing guaranty of payment, and not merely of collection, and from time to time or at any time the Guaranteed Obligations may be increased, reduced or paid in full without affecting the liability or obligation of Guarantor with respect to indebtedness, liabilities and obligations of Borrower to Administrative Agent or any Lender thereafter incurred. Guarantor further agrees that this Guaranty shall continue to be effective or be reinstated (if a release or discharge has occurred), as the case may be, if at any time any payment (or any part thereof) to Administrative Agent or any Lender in respect of the Guaranteed Obligations is rescinded or must otherwise be restored by Administrative Agent or any Lender pursuant to any bankruptcy, insolvency, reorganization, receivership or other debtor relief granted to Borrower or its successors or assigns. In the event that Administrative Agent or any Lender must rescind or restore any payment received by Administrative Agent or any Lender, respectively, in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantor by Administrative Agent or such Lender, respectively, shall be without effect, and this Guaranty shall remain in full force and effect. It is the intention of Administrative Agent, Lenders and Guarantor that Guarantor's liabilities and obligations hereunder shall not be discharged except by the full and complete payment and performance of the Guaranteed Obligations and then only to the extent of such payment and performance. This Guaranty is independent of, and in addition and without modification to to, and does not impair or in any way affect any other guaranty, endorsement or other agreement executed in favor of Administrative Agent or any Lender, and this Guaranty and Guarantor's liabilities and obligations under this Guaranty shall not be impaired or otherwise affected by the execution, delivery or performance by Guarantor or any other Person of any other guaranty, endorsement or other agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Net2000 Communications Inc)

Continuing Guaranty of Payment. This Guaranty is and shall be an absolute, unconditional, irrevocable and continuing guaranty of payment, and not merely of collection, and from time to time or at any time the Guaranteed Obligations may be increased, reduced or paid in full without affecting the liability or obligation of Guarantor with respect to indebtedness, liabilities and obligations of Borrower to Administrative Agent or any Lender thereafter incurred. Guarantor further agrees that this Guaranty shall continue to be effective or be reinstated (if a release or discharge has occurred), as the case may be, if at any time any payment (or any part thereof) to Administrative Agent or any Lender in respect of the Guaranteed Obligations is rescinded or must otherwise be restored by Administrative Agent or any Lender pursuant to any bankruptcy, insolvency, reorganization, receivership or other debtor relief granted to Borrower or its successors or assigns. In the event that Administrative Agent or any Lender must rescind or restore any payment received by Administrative Agent or any Lender, respectively, in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantor by Administrative Agent or such Lender, respectively, shall be without effect, and this Guaranty shall remain in full force and effect. It is the intention of Administrative Agent, Lenders and Guarantor that Guarantor's liabilities and obligations hereunder shall not be discharged except by the full and complete payment and performance of the Guaranteed Obligations and then only to the extent of such payment and performance. This Subject to Paragraph 21 hereof, this Guaranty is independent of, and in addition and without modification to (except as expressly provided in Paragraph 21 hereof), and does not impair or in any way affect any other guaranty, endorsement or other agreement executed in favor of Administrative Agent or any Lender, and this Guaranty and Guarantor's liabilities and obligations under this Guaranty shall not be impaired or otherwise affected by the execution, delivery or performance by Guarantor or any other Person of any other guaranty, endorsement or other agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Alamosa Holdings Inc)

Continuing Guaranty of Payment. This Guaranty is and shall be an absolute, unconditional, irrevocable irrevocable, and continuing guaranty of payment, and not merely of collection, and from time to time or at any time the Guaranteed Obligations may be increased, reduced reduced, or paid in full without affecting the liability or obligation of any Guarantor with respect to indebtedness, liabilities and obligations of Borrower to Administrative Agent or any Lender thereafter incurredthe Guaranteed Obligations. Each Guarantor further agrees that this Guaranty shall continue to be effective or be reinstated (if a release or discharge has occurred), as the case may be, if at any time any payment (or any part thereof) to Administrative Agent or any Lender Secured Party in respect of the Guaranteed Obligations is rescinded or must otherwise be restored by Administrative Agent or any Lender Secured Party pursuant to any bankruptcy, insolvency, reorganization, receivership receivership, or other debtor relief granted to the Borrower or its successors or assigns. In the event that Administrative Agent or any Lender Secured Party must rescind or restore any payment received by Administrative Agent or any Lender, respectively, Secured Party in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to any Guarantor by Administrative Agent or such Lender, respectively, Secured Party shall be without effect, and this Guaranty shall remain in full force and effect. It is the intention of Administrative Agent, Lenders the Secured Parties and each Guarantor that such Guarantor's ’s liabilities and obligations hereunder shall not be discharged except by the full and complete payment and performance of the Guaranteed Obligations and then only to the extent of such payment and performanceSecurity Termination. This Guaranty is independent of, and in addition and without modification to to, and does not impair or in any way affect any other guaranty, endorsement or other agreement executed in favor of Administrative Agent or any LenderSecured Party, and this Guaranty and each Guarantor's ’s liabilities and obligations under this Guaranty shall not be impaired or otherwise affected by the execution, delivery or performance by such Guarantor or any other Person of or any other guaranty, endorsement endorsement, or other agreement.

Appears in 1 contract

Samples: Guaranty Agreement (NetSpend Holdings, Inc.)

Continuing Guaranty of Payment. This Guaranty is and shall be an absolute, unconditional, irrevocable and continuing guaranty of payment, and not merely of collection, and from time to time or at any time the Guaranteed Obligations may be increased, reduced or paid in full without affecting the liability or obligation of any Guarantor with respect to indebtedness, liabilities and obligations of Borrower to the Administrative Agent or any Lender thereafter incurred. Each Guarantor further agrees that this Guaranty shall continue to be effective or be reinstated (if a release or discharge has occurred), as the case may be, if at any time any payment (or any part thereof) to the Administrative Agent or any Lender in respect of the Guaranteed Obligations is rescinded or must otherwise be restored by the Administrative Agent or any such Lender pursuant to any bankruptcy, insolvency, reorganization, receivership or other debtor relief granted to Borrower or its successors or assigns. In the event that the Administrative Agent or any Lender must rescind or restore any payment received by the Administrative Agent or any Lender, respectively, in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to any Guarantor by the Administrative Agent or such Lender, respectively, shall be without effect, and this Guaranty shall remain in full force and effect. It is the intention of the Administrative Agent, the Lenders and each Guarantor that no Guarantor's liabilities and obligations hereunder shall not be discharged except by the such Guarantor's full and complete payment and performance of the Guaranteed Obligations its liabilities and obligations and then only to the extent of such payment and performance. This Guaranty is independent of, and in addition and without modification to and does not impair or in any way affect any other guaranty, endorsement or other agreement executed in favor of Administrative Agent or any Lender, and this Guaranty and Guarantor's liabilities and obligations under this Guaranty shall not be impaired or otherwise affected by the execution, delivery or performance by Guarantor or any other Person of any other guaranty, endorsement or other agreement.

Appears in 1 contract

Samples: Master Guaranty Agreement (Fyi Inc)

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Continuing Guaranty of Payment. This Guaranty is and shall be an ------------------------------ absolute, unconditional, irrevocable and continuing guaranty of payment, and not merely of collection, and from time to time or at any time the Guaranteed Obligations may be increased, reduced or paid in full without affecting the liability or obligation of Guarantor with respect to indebtedness, liabilities and obligations of Borrower to Administrative Agent or any Lender thereafter incurred. Guarantor further agrees that this Guaranty shall continue to be effective or be reinstated (if a release or discharge has occurred), as the case may be, if at any time any payment (or any part thereof) to Administrative Agent or any Lender in respect of the Guaranteed Obligations is rescinded or must otherwise be restored by Administrative Agent or any Lender pursuant to any bankruptcy, insolvency, reorganization, receivership or other debtor relief granted to Borrower or its successors or assigns. In the event that Administrative Agent or any Lender must rescind or restore any payment received by Administrative Agent or any Lender, respectively, in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantor by Administrative Agent or such Lender, respectively, shall be without effect, and this Guaranty shall remain in full force and effect. It is the intention of Administrative Agent, Lenders and Guarantor that Guarantor's liabilities and obligations hereunder shall not be discharged except by the full and complete payment and performance of the Guaranteed Obligations and then only to the extent of such payment and performance. This Subject to Paragraph 21 hereof, ------------ this Guaranty is independent of, and in addition and without modification to (except as expressly provided in Paragraph 21 hereof), and does not impair or in ------------ any way affect any other guaranty, endorsement or other agreement executed in favor of Administrative Agent or any Lender, and this Guaranty and Guarantor's liabilities and obligations under this Guaranty shall not be impaired or otherwise affected by the execution, delivery or performance by Guarantor or any other Person of any other guaranty, endorsement or other agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Nettel Communications Inc)

Continuing Guaranty of Payment. This Guaranty is and shall be an ------------------------------- absolute, unconditional, irrevocable and continuing guaranty of payment, and not merely of collection, and from time to time or at any time the Guaranteed Obligations may be increased, reduced or paid in full without affecting the liability or obligation of Guarantor with respect to indebtedness, liabilities and obligations of Borrower to Administrative Agent or any Lender thereafter incurred. Guarantor further agrees that this Guaranty shall continue to be effective or be reinstated (if a release or discharge has occurred), as the case may be, if at any time any payment (or any part thereof) to Administrative Agent or any Lender in respect of the Guaranteed Obligations is rescinded or must otherwise be restored by Administrative Agent or any Lender pursuant to any bankruptcy, insolvency, reorganization, receivership or other debtor relief granted to Borrower or its successors or assigns. In the event that Administrative Agent or any Lender must rescind or restore any payment received by Administrative Agent or any Lender, respectively, in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantor by Administrative Agent or such Lender, respectively, shall be without effect, and this Guaranty shall remain in full force and effect. It is the intention of Administrative Agent, Lenders and Guarantor that Guarantor's liabilities and obligations hereunder shall not be discharged except by the full and complete payment and performance of the Guaranteed Obligations and then only to the extent of such payment and performance. This Guaranty is independent of, and in addition and without modification to and does not impair or in any way affect any other guaranty, endorsement or other agreement executed in favor of Administrative Agent or any Lender, and this Guaranty and Guarantor's liabilities and obligations under this Guaranty shall not be impaired or otherwise affected by the execution, delivery or performance by Guarantor or any other Person of any other guaranty, endorsement or other agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Cais Internet Inc)

Continuing Guaranty of Payment. This Guaranty is and shall be an absolute, unconditional, irrevocable and continuing guaranty of payment, and not merely of collection, and from time to time or at any time the Guaranteed Obligations may be increased, reduced or paid in full without affecting the liability or obligation of any Guarantor with respect to indebtedness, liabilities and obligations of Borrower to the Administrative Agent or any Lender thereafter incurred. Each Guarantor further agrees that this Guaranty shall continue to be effective or be reinstated (if a release or discharge has occurred), as the case may be, if at any time any payment (or any part thereof) to the Administrative Agent or any Lender in respect of the Guaranteed Obligations is rescinded or must otherwise be restored by the Administrative Agent or any such Lender pursuant to any bankruptcy, insolvency, reorganization, receivership or other debtor relief granted to Borrower or its successors or assigns. In the event that the Administrative Agent or any Lender must rescind or restore any payment received by the Administrative Agent or any Lender, respectively, in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to any Guarantor by the Administrative Agent or such Lender, respectively, shall be without effect, and this Guaranty shall remain in full force and effect. It is the intention of the Administrative Agent, the Lenders and each Guarantor that no Guarantor's ’s liabilities and obligations hereunder shall not be discharged except by the such Guarantor’s full and complete payment and performance of the Guaranteed Obligations its liabilities and obligations and then only to the extent of such payment and performance. This Guaranty is independent of, and in addition and without modification to and does not impair or in any way affect any other guaranty, endorsement or other agreement executed in favor of Administrative Agent or any Lender, and this Guaranty and Guarantor's liabilities and obligations under this Guaranty shall not be impaired or otherwise affected by the execution, delivery or performance by Guarantor or any other Person of any other guaranty, endorsement or other agreement.

Appears in 1 contract

Samples: Credit Agreement (Sourcecorp Inc)

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