Common use of Guarantor Acknowledgement Clause in Contracts

Guarantor Acknowledgement. The Guarantor(s) jointly and severally acknowledge and agree: (a) to be bound as principal debtors; (b) the liability of each Guarantor under this guarantee will not be released by any delay or other indulgence or concession which BMW may grant to the Borrower or any compromise which BMW may reach or variation BMW may agree with the Borrower, or by any other act, matter, circumstance or law whereby the Guarantor(s) may but for the provision of this clause have been released from liability under the guarantee. (c) that the guarantee is a continuing guarantee and will be irrevocable and remain in full force and effect until BMW grants a written release of the guarantee and that this guarantee will bind our respective personal representatives; (d) that BMW may at its discretion enforce the Guarantee without enforcing any other guarantee or security that BMW may hold from time to time; (e) the Guarantee is in respect of all obligations and liabilities (past, under this agreement and future) to the BMW; (f) the interest rate, terms, security and other provisions which relate to this agreement may change from time to time and the Guarantee is not released by such changes; (g) the Guarantee was shown to the Guarantor and discussed with the Guarantor prior to it being signed. (h) not in any way to compete with BMW for payment in the event of the bankruptcy or liquidation of the Borrower; and (i) the guarantee is in addition to, and not in substitution for, any other security or rights which BMW may presently have or may subsequently acquire and this guarantee may be enforced against each of us without having recourse to any such securities or rights and without making demand or taking proceedings against the Borrower or the other(s) of us.

Appears in 6 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

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Guarantor Acknowledgement. The Guarantor(s) jointly and severally acknowledge and agree: (a) to be bound as principal debtors; (b) the liability of each Guarantor under this guarantee will not be released by any delay or other indulgence or concession which BMW may grant to the Borrower Lessee or any compromise which BMW may reach or variation BMW may agree with the BorrowerLessee, or by any other act, matter, circumstance or law whereby the Guarantor(s) may but for the provision of this clause have been released from liability under the guarantee. (c) that the guarantee is a continuing guarantee and will be irrevocable and remain in full force and effect until BMW grants a written release of the guarantee and that this guarantee will bind our respective personal representatives; (d) that BMW may at its discretion enforce the Guarantee without enforcing any other guarantee or security that BMW may hold from time to time; (e) the Guarantee is in respect of all obligations and liabilities (past, under this agreement Lease and future) to the BMW; (f) the interest rate, terms, security and other provisions which relate to this agreement Lease may change from time to time and the Guarantee is not released by such changes;; and (g) the Guarantee was shown to the Guarantor and discussed with the Guarantor prior to it being signed. (h) not in any way to compete with BMW for payment in the event of the bankruptcy or liquidation of the BorrowerLessee; and (i) the guarantee is in addition to, and not in substitution for, any other security or rights which BMW may presently have or may subsequently acquire and this guarantee may be enforced against each of us without having recourse to any such securities or rights and without making demand or taking proceedings against the Borrower Lessee or the other(s) of us.)

Appears in 4 contracts

Samples: Finance Lease Agreement, Finance Lease Agreement, Lease Agreement

Guarantor Acknowledgement. The Guarantor(s) jointly and severally acknowledge and agree: (a) to be bound as principal debtors; (b) the liability of each Guarantor under this guarantee will not be released by any delay or other indulgence or concession which BMW may grant to the Borrower or any compromise which BMW may reach or variation BMW may agree with the Borrower, or by any other act, matter, circumstance or law whereby the Guarantor(s) may but for the provision of this clause have been released from liability under the guarantee. (c) that the guarantee is a continuing guarantee and will be irrevocable and remain in full force and effect until BMW grants a written release of the guarantee and that this guarantee will bind our respective personal representatives; (d) that BMW may at its discretion enforce the Guarantee without enforcing any other guarantee or security that BMW may hold from time to time; (e) the Guarantee is in respect of all obligations and liabilities (past, under this agreement and future) to the BMW; (f) the interest rate, terms, security and other provisions which relate to this agreement may change from time to time and the Guarantee is not released by such changes;; nd (g) the Guarantee was shown to the Guarantor and discussed with the Guarantor prior to it being signed. (h) not in any way to compete with BMW for payment in the event of the bankruptcy or liquidation of the Borrower; and (i) the guarantee is in addition to, and not in substitution for, any other security or rights which BMW may presently have or may subsequently acquire and this guarantee may be enforced against each of us without having recourse to any such securities or rights and without making demand or taking proceedings against the Borrower or the other(s) of us.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement

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Guarantor Acknowledgement. The Guarantor(s) jointly and severally acknowledge and agree: (a) to be bound as principal debtors; (b) the liability of each Guarantor under this guarantee will not be released by any delay or other indulgence or concession which BMW may grant to the Borrower or any compromise which BMW may reach or variation BMW may agree with the Borrower, or by any other act, matter, circumstance or law whereby the Guarantor(s) may but for the provision of this clause have been released from liability under the guarantee. (c) that the guarantee is a continuing guarantee and will be irrevocable and remain in full force and effect until BMW grants a written release of the guarantee and that this guarantee will bind our respective personal representatives; (d) that BMW may at its discretion enforce the Guarantee without enforcing any other guarantee or security that BMW may hold from time to time; (e) the Guarantee is in respect of all obligations and liabilities (past, under this agreement and future) to the BMW; (f) the interest rate, terms, security and other provisions which relate to this agreement may change from time to time and the Guarantee is not released by such changes;; and (g) the Guarantee was shown to the Guarantor and discussed with the Guarantor prior to it being signed. (h) not in any way to compete with BMW for payment in the event of the bankruptcy or liquidation of the Borrower; and (i) the guarantee is in addition to, and not in substitution for, any other security or rights which BMW may presently have or may subsequently acquire and this guarantee may be enforced against each of us without having recourse to any such securities or rights and without making demand or taking proceedings against the Borrower or the other(s) of us.

Appears in 1 contract

Samples: Loan Agreement

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