Common use of Guarantee of Obligations Clause in Contracts

Guarantee of Obligations. (a) Each Guarantor hereby, jointly and severally, unconditionally and irrevocably, guarantees to each Holder and its lawful successors, endorsees, transferees and assigns, the prompt and complete payment and performance by the Company when due (whether at the stated maturity, by acceleration or otherwise) of all obligations and undertakings of the Company of whatever nature, monetary or otherwise, under the Securities Purchase Agreement, and the Notes, the Amendment Agreement, the Imperium Warrants, the Registration Rights Agreement, the Security Agreement and the other Transaction Documents, together with all reasonable attorneys’ fees, disbursements and all other costs and expenses of collection incurred by Holders in enforcing any of such Obligations and/or this Guarantee (collectively, the “Obligations”). This Guarantee shall remain in full force and effect until all the Obligations and the obligations of each Guarantor under this Guarantee shall have been satisfied by payment and performance in full. Each Guarantor shall be regarded, and shall be in the same position, as principal debtor with respect to the Obligations.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Charys Holding Co Inc), Guarantee (Charys Holding Co Inc)

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Guarantee of Obligations. (a) Each Guarantor hereby, jointly and severally, unconditionally and irrevocably, guarantees to each Holder Purchaser and its lawful successors, endorsees, transferees and assigns, the prompt and complete payment and performance by the Company when due (whether at the stated maturity, by acceleration or otherwise) of all obligations and undertakings of the Company of whatever nature, monetary or otherwise, under the Securities Debentures, the Purchase Agreement, and the Notes, the Amendment Agreement, the Imperium Warrants, the Registration Rights Agreement, the Security Agreement and the other Transaction Documents, together with all reasonable attorneys’ fees, disbursements and all other costs and expenses of collection incurred by Holders Purchasers in enforcing any of such Obligations and/or this Guarantee (collectively, the “Obligations”). This Guarantee shall remain in full force and effect until all the Obligations and the obligations of each Guarantor under this Guarantee shall have been satisfied by payment and performance in full. Each Guarantor shall be regarded, and shall be in the same position, as principal debtor with respect to the Obligations.

Appears in 2 contracts

Samples: Subsidiary Guarantee (Digital Angel Corp), Subsidiary Guarantee (Applied Digital Solutions Inc)

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Guarantee of Obligations. (a) Each Guarantor hereby, jointly and severally, unconditionally and irrevocably, guarantees to each Holder Secured Party and its lawful successors, endorsees, transferees and assigns, the prompt and complete payment and performance by the Company and each other Guarantor when due (whether at the stated maturity, by acceleration or otherwise) of all obligations and undertakings of the Company and the Guarantors of whatever nature, monetary or otherwise, under the Notes, the Securities Purchase Agreement, and the Notes, the Amendment Agreement, the Imperium WarrantsWarrant, the Registration Rights Agreement, the Security Agreement and the other Transaction Documents, together with all reasonable attorneys’ fees, disbursements and all other costs and expenses of collection incurred by Holders or the Collateral Agent in enforcing any of such Obligations obligations and/or this Guarantee (collectively, the “Obligations”). This Guarantee shall remain in full force and effect until all the Obligations and the obligations of each Guarantor under this Guarantee shall have been satisfied by payment and performance in full. Each Guarantor shall be regarded, and shall be in the same position, as principal debtor with respect to the Obligations.

Appears in 1 contract

Samples: Subsidiary Guarantee (Echo Therapeutics, Inc.)

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