DEED OF SURETYSHIP Sample Clauses

DEED OF SURETYSHIP. I / We the undersigned, ID NUMBER: do hereby interpose and bind myself / ourselves as surety and co-principal debtor/s in solidum for and on behalf of the Purchaser to and in favour of the Seller and the Agent for all the obligations of the Purchaser under the Deed of Sale aforegoing and in particular for all amounts of money that may be due, including damages, from whatsoever cause arising under renunciation of the benefits of division and excussion. I/We do further acknowledge that I/we are fully aware of all the terms and Conditions of the Deed of Sale as if fully set out herein. I/We do accept domicilium et executandi at the address hereinafter set out. SIGNED at on this the day of 20 . AS WITNESSES:
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DEED OF SURETYSHIP. 32. The signatory hereto binds himself as surety and co-principal Buyer in solidum with the Buyer in favour of the Supplier for the due payment of all amounts which may at any time be payable by the Buyer to the Supplier from any cause use of action whatsoever and whether acquired by the Supplier by way of cession or otherwise. The terms and conditions of this Sale Agreement shall apply mutatis mutandis ( in precisely the same manner ), to the Suretyship. The Surety/ies further waives the benefits of excussion and division (by renouncing these benefits, the Supplier becomes entitled to xxx any one Surety for the full amount owing without first proceeding against or suing the Buyer or any other Surety) and of the legal exceptions non numeratae pecuniae (by renouncing this benefit as Surety is precluded from raising the defence that no money of equivalent thereof has passed between the Buyer and the Supplier) and non-causa debiti (by renouncing this benefit a Surety is precluded from raising the defence that there was no cause of action or reason for the Buyers indebtedness to the Supplier) and acknowledges himself to be fully acquainted with the meanings of these terms.
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DEED OF SURETYSHIP. 15.1 The signatory by his/her signature hereto (which appears below) hereby binds him/herself in his private and individual capacity as surety for and co-principal debtor in solidum with the Customer in favour of the Close Corporation for the due performance of any obligation of the Customer and for the payment by the Customer to the Close Corporation of any amounts which may at any time become owing by the Customer to the Close Corporation from whatsoever cause arising and including, but, without limiting the generality of the foregoing, any claims for damages and any actions against the Customer acquired by way of cession.
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DEED OF SURETYSHIP. In the event of the tenant being a private company, close corporation, trust or other legal entity, the authorised signatories, by their signatures hereto, irrevocably bind themselves jointly and severally as surety and co-principal debtors in solidum to the landlord as defined herein (the creditor) for the due fulfillment by the tenant (the debtor) of all terms of the lease or any renewal thereof between the creditor and the debtor in respect of the leased premises as defined herein and agree that this surety shall extend to cover any failure to fulfill the terms of the lease whether brought by the action the debtor or any person or by the insolvency/liquidation of the debtor. The sureties waive the benefits of excussion and division and agree that any indulgence or latitude granted by the landlord to the tenant in respect of any obligation in terms of this lease agreement, or any amendment of the terms thereof, shall in no way prejudice the landlord's rights in terms of this suretyship.
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DEED OF SURETYSHIP. Should the Purchaser be a close corporation, a private or public company or a Trust, each signatory hereof warrants that he has been duly authorised to sign this Principal Agreement, and the signatories of this clause 17 declare that they, by signing this clause 17, in addition to the terms and conditions above, bind themselves in their personal capacities as surety/sureties and co-principal debtor/co-principal debtors in solidum for the Purchaser in favour of the Seller for the due performance of any obligation of the Purchaser and for the payment by the Purchaser to the Seller of any amount currently owed by the Purchaser to the Seller or which may become due by the Purchaser to the Seller from any cause whatsoever, inclusive of claims for damages. This suretyship is a continuing suretyship and can only be terminated by the Seller once all the amounts owed by the Purchaser (whether due and payable or not) to the Seller has been paid in full. The signatories further renounce the benefits of the legal exceptions non causa debiti, ordinis seu excussionis et divisionis and cession of accounts and declare themselves to be fully acqainted with the effect, meaning and import thereof. The signatories further declare to bind themselves irrevocably to comply with all the terms and conditions set out in this Principal Agreement. Full names and identity numbers of suretyships:
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DEED OF SURETYSHIP. 10.1. In the event that Retail Capital requires that a party/parties stand as sureties, co-principal debtors and guarantors for the obligations of the Merchant to Retail Capital, such party/parties will execute a Deed of Suretyship in favour of Retail Capital.
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DEED OF SURETYSHIP. I/we the signatories as reflected on this deed of suretyship do hereby bind myself/ourselves jointly and severely as sureties and co-principal debtor(s) in solidum unto and in favour of the Seller in respect to all terms and conditions set forth in the incidental credit agreement for all amounts which are now or might in future become payable by the principal debtor to the seller or its cessionary in the event of a cession in terms of this agreement arising out of or incidental to this agreement. No act of indulgence, relaxation or extension granted by the Seller (including any act or accepting payment after due date or in accepting a lesser sum to the amount due) shall prejudice or affect the Seller's rights in terms hereof, and if any action by the seller results in novation of any debt or liability arising out of or from this document then I/we undertake and agree to be similarly bound as surety(ies) and co- principal debtor(s) in favour to the Seller of such novated debt or liability. This surety is unlimited. This suretyship shall remain in force as continuing covering security until such time as all the obligation of the customer to the seller in terms of this agreement have been properly fulfilled. The surety(ies) hereby also consent(s) to the jurisdiction of the Magistrates Court in terms of:
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DEED OF SURETYSHIP. The Members/Directors must guarantee that the Tenant will comply with the Lease, by signing a deed of suretyship, failing which, the Tenant will not be entitled to take occupation of the Leased Premises.
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DEED OF SURETYSHIP. 15.1 The signatory by his signature hereto (which appears below) hereby binds himself in his private and individual capacity as surety for and co-principal debtor in solarium with the Customer in favour of the Company for the due performance of any obligation of the Customer and for the payment by the Customer to the Company of any amounts which may at any time become owing by the Customer to the Company from whatsoever cause arising and including, but, without limiting the generality of the foregoing, any claims for damages and any actions against the Customer acquired by way of cession.
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Related to DEED OF SURETYSHIP

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

  • SUBORDINATION AND ATTORNMENT This Lease is expressly made subject and subordinate to any mortgage, deed of trust, ground lease, underlying lease or like encumbrance affecting any part of the Real Property or any interest of Landlord therein which is now existing or hereafter executed or recorded, any present or future modification, amendment or supplement to any of the foregoing, and to any advances made thereunder (any of the foregoing being a “Superior Interest”) without the necessity of any further documentation evidencing such subordination. Notwithstanding the foregoing, Tenant shall, within ten (10) days after Landlord’s request, execute and deliver to Landlord a document evidencing the subordination of this Lease to a particular Superior Interest. Tenant hereby irrevocably appoints Landlord as Tenant’s attorney-in-fact to execute and deliver any such instrument in the name of Tenant if Tenant fails to do so within such time. If the interest of Landlord in the Real Property or the Building is transferred to any person (“Purchaser”) pursuant to or in lieu of foreclosure or other proceedings for enforcement of any Superior Interest, Tenant shall immediately attorn to the Purchaser, and this Lease shall continue in full force and effect as a direct lease between the Purchaser and Tenant on the terms and conditions set forth herein, provided that Purchaser acquires and accepts the Real Property or the Building subject to this Lease. Upon Purchaser’s request, including any such request made by reason of the termination of this Lease as a result of such foreclosure or other proceedings, Tenant shall enter in to a new lease with Purchaser on the terms and conditions of this Lease applicable to the remainder of the term hereof. Notwithstanding the subordination of this Lease to Superior Interests as set forth above, the holder of any Superior Interest may at any time (including as part of foreclosure or other proceedings for enforcement of such Superior Interest), upon written notice to Tenant, elect to have this Lease be prior and superior to such Superior Interest.

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