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. 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. 9.1 To the extent that this agreement is to be concluded on behalf of an entity, Wires and Wireless may, in its sole and absolute discretion, require that the signatory, or any other shareholder, member, director and/or representative of the Client, bind themselves as Surety for the due and timeous fulfilment of any of the Clients’ obligations arising in terms of this agreement, by concluding the Surety attached hereto as Schedule to the Client Assessment Application Form, and such representative, by its signature hereto, agrees to be bound by the terms of such surety. 9.2 The Surety hereby binds itself/himself/herself as surety and co-principal debtor, jointly and severally with the Client (meaning that both can be held liable, either jointly in equal shares, or separately for the whole amount) in favour of Wires and Wireless, for the due fulfilment by the Client of all its obligations to Wires and Wireless of any nature and howsoever arising, whether already incurred or which may be incurred in the future, as a continuing suretyship, despite any change in or temporary extinction of such obligations. 9.3 The Surety renounces the benefit of being able to demand that Wires and Wireless first proceed against the Client (excussion), the benefit of being able to insist that the Surety is only liable for a portion of the debt where there is more than one surety (division), and the benefit of being able to demand that she/he be ceded the other sureties debts should the Surety make payment of the full debt (cession of action).(The effect of this clause being that the Surety may no longer require the above to occur before paying the debt owing to Wires and Wireless.) 9.4 Without limiting the foregoing, the Surety agrees: 9.4.1 That all admissions and acknowledgements of liability by the Client will be binding on the Surety. (The effect of this clause is that if the Client makes any acknowledgment or admission, it will apply as if the Surety had made that acknowledgement or admission.) 9.4.2 That in the event of the Client being liquidated or subject to business rescue, or a compromise being affected with its creditors, no dividends or payments received by Wires and Wireless will prejudice Wires and Wireless’ rights to recover from the Surety the full amount owing by the Client at the date of liquidation of the Client. 9.4.3 That this Suretyship is in addition and without prejudice to any securities held now or in the future by Wires and Wireless and will remain in...
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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. 15.2 This suretyship shall be a continuing covering guarantee/surety which may only be cancelled in writing, by the Close Corporation and then only provided that all sums then owing by the Customer (whether due or not) to the Close Corporation have been paid in full. The Signatory hereby renounces the benefits of the legal exceptions non causa debiti (non-existence of the principal debt), ordinis seu excussionis et divisionis (the benefits of excussion and division) and “cession of actions” the force, meaning and effect of which he declares himself to be fully acquainted with. 15.3 The Signatory furthermore binds himself irrevocably to all of the Close Corporation's standard trading terms and conditions to which the Customer has been bound by virtue of his signature as appears hereunder. 15.4 All admissions and acknowledgements made by the Customer shall be binding on the signatory.
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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. 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. 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: 1. Name: Identity Number: Signature: 2. Name: Identity Number: Signature: 3. Name: Identity Number: Signature: SIGNED AT ON THIS THE DAY OF 20 AS WITNESSES: 1. H Pistorius & Co 2. SIGNED AT ON THIS THE DAY OF 20 AS WITNESSES: 1.
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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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Related to DEED OF SURETYSHIP

  • SURETYSHIP Any person who signs this agreement on behalf of the Purchaser do hereby bind himself as surety and co-principal debtor in solidum for and on behalf of the Purchaser to and in favour of the Seller and the Auctioneer for all the obligations of the Purchaser under this agreement and in particular for all amounts of money that may be due, including damages, from whatsoever cause arising under the renunciation of the benefits of division and exclusion. The said person declare that he fully understands this suretyship and waiver of benefits.

  • 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.

  • Deed of Trust If the related Mortgage is a deed of trust, a trustee, duly qualified under applicable law to serve as such, is properly designated and serving under such Mortgage.

  • Subordination and Attornment The Tenant agrees that at the option of the Landlord or any mortgagee of the Landlord, to be expressed in writing at any time and from time to time, this Lease and all the rights of the Tenant hereunder shall be subject and subordinate to any and all mortgages (including deeds of trust and all instruments supplemental thereto) held by such mortgagee which may affect the Building or Common Area Facilities and to all renewals, modifications, consolidations, replacements and extensions thereof, provided that the Tenant shall at any time on notice from the Landlord or any mortgagee (including any trustee under a deed of trust and mortgage) attorn to such mortgagee as the tenant upon all the terms of this Lease. Subject to the foregoing, the Tenant agrees to execute, within ten (10) days after receiving a written request from the Landlord or any such mortgagee, such instrument of subordination or attornment, as the case may be, as may be required of it. Notwithstanding the foregoing, this Lease and the Tenant’s interest hereunder shall only be subordinated to such mortgages or deeds of trust under which the mortgagee by agreement in the mortgage or deed of trust or in a separate instrument contracts in substance not to disturb the Tenant’s occupancy of the Leased Premises so long as the Tenant performs its obligations under this Lease on condition that the Tenant, when requested by the mortgagee, shall execute an attornment agreement to the mortgagee should the mortgagee succeed to the rights of the Landlord under this Lease. By no later than the Commencement Date, the Landlord shall make reasonable commercial efforts to

  • Security Instruments (i) The Administrative Agent shall fail to have an Acceptable Security Interest in any portion of the Collateral or (ii) any Security Instrument shall at any time and for any reason cease to create the Lien on the Property purported to be subject to such agreement in accordance with the terms of such agreement, or cease to be in full force and effect, or shall be contested by the Borrower, any Guarantor or any of their respective Subsidiaries;

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