Common use of Guarantee Continuing and Unconditional Clause in Contracts

Guarantee Continuing and Unconditional. (a) The Guarantor Guarantee is a continuing, absolute and unconditional guarantee of payment as primary obligor and not merely as surety, and shall apply to all obligations of the Borrower under this Agreement and the Note(s) whenever arising. Without limiting the generality of the foregoing, the Guarantor Guarantee shall not be released, discharged or otherwise affected by: (i) the lack of genuineness, legality, validity, regularity or enforceability of this Agreement or the Note(s) or any other agreement or document contemplated hereby; (ii) the surrender, release, exchange, substitution, taking of any additional collateral, or impairment of any collateral; (iii) failure by the Borrower to comply with any of the terms of this Agreement or the Note(s); (iv) any change in the name, authorized activities, capital stock, corporate existence, structure, personnel or ownership of the Borrower; (v) any insolvency, bankruptcy, reorganization or other similar proceeding affecting the Borrower or its assets; or (vi) any other act or omission to act or delay of any kind by the Borrower, the Guarantor, the Lender or Eximbank or any other Person, or any other circumstance whatsoever that might, but for the provisions of this Section 3.02, constitute a legal or equitable discharge or defense to the Guarantor's obligations hereunder.

Guarantee Continuing and Unconditional. (a) The Guarantor Guarantee is a continuing, absolute and unconditional guarantee of payment and performance as primary obligor and not merely as surety, and shall apply to all obligations of the Borrower under this Agreement and the Note(s) other Finance Documents whenever arising. Without limiting the generality of the foregoing, the Guarantor Guarantee shall not be released, discharged or otherwise affected by: (i) the lack of genuineness, legality, validity, regularity or enforceability of this Agreement or the Note(s) Agreement, any other Finance Document or any other agreement or document contemplated herebydelivered pursuant to this Agreement; (ii) the surrender, release, exchange, substitution, taking of any additional collateral, or impairment of any collateral; (iii) failure by the Borrower to comply with any of the terms of this Agreement or the Note(s)any other Finance Document; (iv) any change in the name, authorized activities, capital stock, corporate existence, structure, personnel or ownership of the Borrower; (v) any insolvency, bankruptcy, reorganization or other similar proceeding affecting the Borrower or its assets; or (vi) any other act or act, omission to act or delay of any kind by the Borrower, the Guarantor, the Lender Guarantor or Eximbank Ex-Im Bank or any other Person, or any other circumstance whatsoever that might, but for the provisions of this Section 3.024.02 (Guarantee Continuing and Unconditional), constitute a legal or equitable discharge or defense to the Guarantor's ’s obligations hereunder.