Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations of Debtor contained in the Loan Agreement, and under each of the other Loan Documents.
Appears in 4 contracts
Samples: General Continuing Guaranty (Family Restaurants), General Continuing Guaranty (Family Restaurants), General Continuing Guaranty (Koo Koo Roo Entertprises Inc)
Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyAgent, for the benefit of the Lender Group, as and for its own debt, until final and indefeasible payment in full thereof has been made, (a) the prompt payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrowers of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrowers contained in the Loan Agreement, this Agreement and under each of the other Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Velocity Express Corp), Credit Agreement (Dune Energy Inc)
Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyParty for the benefit of the Lender Group, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations obligations of Debtor contained in the Loan Credit Agreement, and under each of the other Loan Documents.
Appears in 2 contracts
Samples: General Continuing Guaranty (Sm&a Corp), General Continuing Guaranty (Sm&a Corp)
Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyAgent, for the benefit of the Lender Group, as and for its own debt, until final and indefeasible payment in full thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrower of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrower contained in the Loan Agreement, Credit Agreement and under each of the other Loan Documents.
Appears in 2 contracts
Samples: General Continuing Guaranty (Hawaiian Holdings Inc), General Continuing Guaranty (Hawaiian Holdings Inc)
Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyParty for the benefit of the Lender Group, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations obligations of Debtor contained in the Loan Credit Agreement, and under each of the other Loan Documents.
Appears in 2 contracts
Samples: General Continuing Guaranty (Sm&a Corp), General Continuing Guaranty (Sm&a Corp)
Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties guaranties, jointly and severally with any other guarantor of the Guarantied Obligations, to Guarantied PartyAgent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment thereof in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrower of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrower contained in the Loan Agreement, Credit Agreement and under each of the other Loan Documents.
Appears in 2 contracts
Samples: General Continuing Guaranty (Realpage Inc), General Continuing Guaranty (Realpage Inc)
Guarantied Obligations. Each Guarantor jointly and severally hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations of Debtor contained in the Loan Agreement, and under each of the other Loan Documents.,
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Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations obligations of Debtor contained in the Loan Agreement, and under each of the other Loan Documents.
Appears in 1 contract
Guarantied Obligations. Guarantor Each Guarantor, jointly and severally, hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyAgent for the benefit of the Lender Group, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations obligations of Debtor contained in the Loan Agreement, and under each of the other Loan Documents.
Appears in 1 contract
Samples: General Continuing Guaranty (Star Telecommunications Inc)
Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyParty for the benefit of the Lender Group, as and for its own debt, until final and indefeasible payment thereof has been made, : (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by each other Debtor of all of the agreements, conditions, covenants, and Obligations obligations of such Debtor contained in the Loan Financing Agreement, and under each any of the other Loan Documents.
Appears in 1 contract
Samples: Financing Agreement (Gart Sports Co)
Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrower of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrower contained in the Loan Agreement, and under each of the other Loan Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (Network Computing Devices Inc)
Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally (and jointly and severally with each other Guarantor) guaranties to Guarantied PartyAgent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until the final and indefeasible payment thereof in full thereof, in cash, has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrowers of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrowers contained in the Loan Agreement, Credit Agreement and under each of the other Loan Documents.
Appears in 1 contract
Samples: General Continuing Guaranty (Supreme Industries Inc)
Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyAgent, for the benefit of the Lender Group and the Bank Product Providers, as and for its own debt, until final and indefeasible payment in full thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrower of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrower contained in the Loan Agreement, Credit Agreement and under each of the other Loan Documents.
Appears in 1 contract
Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyParty for the benefit of the Lender, as and for its own debt, until final and indefeasible payment thereof has been made, : (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by each other Debtor of all of the agreements, conditions, covenants, and Obligations obligations of such Debtor contained in the Loan Financing Agreement, and under each any of the other Loan Documents.
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Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally unconditionally, jointly and severally, guaranties to Guarantied PartyAgent and Holders, as and for its own debt, until final and indefeasible payment in full thereof has been made, (a) the prompt payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Grantors of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Grantors contained in the Loan Purchase Agreement, the Debentures, the STAC Security Agreement and under each of the other Loan Financing Documents.
Appears in 1 contract
Samples: General Continuing Guaranty (Relationserve Media Inc)
Guarantied Obligations. Guarantor Guarantors hereby jointly and severally, irrevocably and ---------------------- unconditionally guaranties guaranty to Guarantied PartyBeneficiary, as and for its their own debt, until final and indefeasible payment thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment payment requirement, by acceleration, or otherwise; it being the intent of Guarantor Guarantors that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrower of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrower contained in the Term Loan Agreement, the Term Note, the Environmental Certificate and under each of the other Term Loan Documents.
Appears in 1 contract
Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations of Debtor contained in the Loan Agreement, and under each of the other Loan Documents.
Appears in 1 contract
Guarantied Obligations. Guarantor Each Guarantor, individually and collectively, jointly and severally, hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of such Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrower of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrower contained in the Loan Agreement, Agreement and under each of the other Loan Documents.
Appears in 1 contract
Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Partythe Lender Group and the Bank Product Providers, as and for its own debt, until final and indefeasible payment in full thereof has been made, (a) the prompt payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrowers of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrowers contained in the Loan Agreement, this Agreement and under each of the other Loan Documents.
Appears in 1 contract
Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment 3 thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations of Debtor contained in the Loan Agreement, and under each of the other Loan Documents.
Appears in 1 contract
Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyParty for the benefit of the Lender Group, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by each other Debtor of all of the agreements, conditions, covenants, and Obligations obligations of such Debtor contained in the Loan Financing Agreement, and under each any of the other Loan Additional Documents.
Appears in 1 contract
Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyBeneficiaries, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment payment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrowers of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrowers contained in the Loan Credit Agreement, the Note, the Environmental Certificate and under each of the other Loan Documents.
Appears in 1 contract
Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally unconditionally, jointly and severally, guaranties to Guarantied PartyAgent, for the benefit of the Lender Group, as and for its own debt, until final and indefeasible payment in full thereof has been made, (a) the prompt payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrowers of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrowers contained in the Loan Agreement, Credit Agreement and under each of the other Loan Documents.
Appears in 1 contract
Samples: General Continuing Guaranty (Monotype Imaging Holdings Inc.)
Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations obligations of Debtor contained in the Loan Consignment Agreement, and under each of the other Loan Consignment Documents.
Appears in 1 contract
Guarantied Obligations. Guarantor Each Guarantor, jointly and severally, ---------------------- hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations of Debtor contained in the Loan Agreement, and under each of the other Loan Documents.
Appears in 1 contract
Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties guaranty to Guarantied PartyBeneficiaries, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment payment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrower of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrower contained in the Loan Credit Agreement, the Revolving Credit Note, the Environmental Certificate and under each of the other Loan Documents.
Appears in 1 contract
Guarantied Obligations. Each Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of each Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations obligations of Debtor contained in the Loan Agreement, and under each of the other Loan Documents.
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Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied Party, as and for its own debt, until final and indefeasible payment thereof has been made, : (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; otherwise (it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection); and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor of all of the agreements, conditions, covenants, and Obligations obligations of Debtor contained in the Loan Agreement, and under each of the other Loan Documents.
Appears in 1 contract
Guarantied Obligations. Guarantor Guarantors hereby jointly and severally, irrevocably and ---------------------- unconditionally guaranties guaranty to Guarantied PartyBeneficiaries, as and for its their own debt, until final and indefeasible payment thereof has been made, (a) the due and punctual payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment payment requirement, by acceleration, or otherwise; it being the intent of Guarantor Guarantors that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrower of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrower contained in the Loan Credit Agreement, the Revolving Credit Note, the Environmental Certificate and under each of the other Loan Documents.
Appears in 1 contract
Samples: Construction and Reducing Revolving Credit Agreement (Monarch Casino & Resort Inc)
Guarantied Obligations. Guarantor hereby irrevocably and ---------------------- unconditionally guaranties to Guarantied PartyLender and the Bank Product Providers, as and for its own debt, until final and indefeasible payment thereof has been made, (a) the payment of the Guarantied Obligations, in each case when and as the same shall become due and payable, whether at maturity, pursuant to a mandatory prepayment requirement, by acceleration, or otherwise; it being the intent of Guarantor that the guaranty set forth herein shall be a guaranty of payment and not a guaranty of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by Debtor Borrower of all of the agreements, conditions, covenants, and Obligations obligations of Debtor Borrower contained in the Loan Agreement, Agreement and under each of the other Loan Documents.
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