Guarantee of Payment and Performance. D&B agrees to guarantee in all respects the payment and performance obligations of D&B Management set forth in this Agreement.
Guarantee of Payment and Performance. This Guarantee is a guarantee of payment and performance and not of collection and is in addition and without prejudice to any securities of any kind now or hereafter held by any Beneficiary.
Guarantee of Payment and Performance. The Guarantee constitutes a guarantee of payment and performance when due and not of collection and such Guarantor waives any right to require that any resort be had by any Guaranteed Party to any balance of any deposit account or credit on the books of any Guaranteed Party in favor of any Beneficiary or any other Person.
Guarantee of Payment and Performance. The Parent, as the Guarantor, hereby absolutely, irrevocably and unconditionally guarantees the full and complete payment and performance of all obligations of the Company to the Dealer under the Amended Confirmation to the same extent as if the Parent were the Seller (as defined in the Amended Confirmation) thereunder. The Guarantor’s obligations hereunder shall remain in full force and effect until this Guarantee shall have been fully and completely performed. If at any time any performance of this Guarantee is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Guarantor, the Company or otherwise, the Guarantor’s obligations hereunder with respect to such performance shall be reinstated as though such performance had been due but not made at such time. The parties agree that in connection with the performance of its obligations hereunder, the Guarantor shall be entitled to all rights of the Seller under the Amended Confirmation.
Guarantee of Payment and Performance. Guarantor's liability under this Guarantee is a guarantee of payment and performance of the License Agreement and not of collectibility. Guarantor's liability hereunder will continue until all Obligations under the License Agreement have been satisfied in full and will not be limited or affected in any way by transfer of the Hotel or any disability of Licensee. Guarantor further agrees that should Licensee cease to exist or become unable to perform its obligations under the License Agreement, Guarantor will be deemed Licensee under the License Agreement and will perform all obligations of Licensee existing or accruing thereunder.
Guarantee of Payment and Performance. It is understood and agreed that this Guarantee is unconditional and continuing, and a guarantee of payment and performance and not of collection.
Guarantee of Payment and Performance. (a) The Guarantor hereby unconditionally and irrevocably guarantees to the Administrative Agent and the Lenders the prompt and complete payment and performance by each Borrower when due (whether at the stated maturity, by acceleration or otherwise) of the Guarantee Obligations.
Guarantee of Payment and Performance. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower’s obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lexxxx xas not exhausted Lexxxx'x remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, In same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents.
Guarantee of Payment and Performance. Guarantor agrees that this is a Guarantee of payment and performance and not merely a Guarantee of collection. The liability of Guarantor under this Guarantee shall not be conditional or contingent upon the pursuit of any remedy against MidCo. 6. Statute of Limitations. Guarantor agrees that payment or performance of any of the Obligations or other acts that toll any statute of limitations applicable to the Obligations or the Put Option Notes shall also toll the statute of limitations applicable to Guarantor’s liability under this Guarantee.
Guarantee of Payment and Performance. This is an absolute, present and continuing guarantee of payment and performance of the Payment Obligations and not a guarantee of collection, and the Guarantor waives any right to require that any action be brought against the Company or that Holder be required to exhaust any of its rights, benefits or privileges under the Note or any security given therefor; PROVIDED, HOWEVER, that nothing contained herein shall be construed to prevent Holder from exercising and enforcing any right, benefit or privilege which Holder may have under this Guarantee or the Note from time to time, and at any time, it being agreed that the Guarantor's obligations hereunder are, and shall be, absolute, independent and unconditional under any and all circumstances. Should Holder seek to enforce the obligations of the Guarantor by action in any court, the Guarantor waives any necessity, substantive or procedural, that a judgment previously be rendered against the Company or that the Company or any other person or entity be joined in such action or that a separate action be brought against the Company or any other person or entity. The obligations of the Guarantor hereunder are several from those of the Company or any other person or entity, and are primary obligations concerning which the Guarantor is the principal obligor. All waivers herein contained shall be without prejudice to the right of Holder at its option to proceed against the Company or any other person, whether by separate action or by joinder. The Guarantor agrees that this Guarantee shall not be discharged except by payment in full in cash of all Payment Obligations and all Enforcement Cost Obligations. In the event that the Company or any other person liable shall fail so to pay any of the Payment Obligations or Enforcement Cost Obligations, the Guarantor agrees to pay the same when due to Holder or its designees, without demand, presentment, protest or notice of any kind, in lawful money of the United States of America, at the place for payment specified in the Note. Each default in payment of principal of, premium, if any, or interest, if any, on any of the Payment Obligations or Enforcement Cost Obligations shall give rise to a separate cause of action hereunder and separate suits may be brought hereunder as each cause of action arises. The Guarantor hereby agrees that the Note may make reference to this Guarantee. The Guarantor hereby agrees to pay and to indemnify and save Holder harmless from and against any...
