Common use of Guarantee Unconditional Clause in Contracts

Guarantee Unconditional. Subject to Section 3.06 hereof, the Guarantors hereby agree that their obligations hereunder are unconditional, irrespective of the validity, regularity or enforceability of the Guaranteed Notes or this Guarantee Agreement, the absence of any action to enforce the same, any waiver or consent by any Holder of the Guaranteed Notes with respect to any provisions hereof or thereof, the recovery of any judgment against the Company, any action to enforce the same or any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a Guarantor (other than termination or release pursuant to Section 3.13 hereof). Each Guarantor hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of insolvency or bankruptcy of the Company, any right to require a proceeding first against the Company, protest, notice and all demands whatsoever and agrees, subject to Section 3.13, that this Guarantee Agreement shall not be discharged except by payment in full of all the Guaranteed Obligations.

Appears in 13 contracts

Samples: Guarantee Agreement, Guarantee Agreement (Ally Us LLC), Guarantee Agreement (Gmac International Holdings B.V.)

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Guarantee Unconditional. Subject to Section 3.06 3.6 hereof, the Guarantors hereby agree that their obligations hereunder are unconditional, irrespective of the validity, regularity or enforceability of the Guaranteed Notes or this Guarantee Agreement, the absence of any action to enforce the same, any waiver or consent by any Holder of the Guaranteed Notes with respect to any provisions hereof or thereof, the recovery of any judgment against the Company, any action to enforce the same or any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a Guarantor (other than termination or release pursuant to Section 3.13 hereof). Each Guarantor hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of insolvency or bankruptcy of the Company, any right to require a proceeding first against the Company, protest, notice and all demands whatsoever and agrees, subject to Section 3.13, that this Guarantee Agreement shall not be discharged except by payment in full of all the Guaranteed Obligations.

Appears in 3 contracts

Samples: Guarantee Agreement (Gmac International Holdings B.V.), Guarantee Agreement (Gmac Inc.), Guarantee Agreement (Gmac LLC)

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Guarantee Unconditional. Subject to Section 3.06 hereof, the Guarantors The Guarantor hereby agree agrees that their its obligations hereunder are shall be as principal and not merely as surety, and shall be absolute, irrevocable and unconditional, irrespective of, and shall be unaffected by, any invalidity, irregularity or unenforceability of the validitythis Agreement or any Ancillary Document, regularity or enforceability of the Guaranteed Notes or this Guarantee Agreement, the absence of any action failure to enforce the sameprovisions of this Agreement or any Ancillary Document, or any waiver waiver, modification, consent or consent by any Holder of the Guaranteed Notes indulgence granted with respect to any provisions hereof or thereofthereto by the Company, the recovery of any judgment against the Company, Purchaser or any action to enforce the same same, or any other circumstance circumstances which might may otherwise constitute a legal or equitable discharge or defense of a Guarantor (other than termination surety or release pursuant to Section 3.13 hereof)guarantor. Each The Guarantor hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of merger, insolvency or bankruptcy of the CompanyPurchaser, any right to require a proceeding first against the CompanyPurchaser, protest, protest or notice with respect to any obligations guaranteed pursuant to Section 3.10(a) and all demands whatsoever whatsoever, and agrees, subject to covenants that the obligations under this Section 3.13, that this Guarantee Agreement shall 3.10 will not be discharged except by payment in full of all the Guaranteed Obligationsany obligations guaranteed pursuant to Section 3.10(a).

Appears in 1 contract

Samples: Registration Rights Agreement (AdaptHealth Corp.)

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