Guarantor Acknowledgements. The Guarantor hereby acknowledges that (a) counsel has advised the Guarantor in the negotiation, execution and delivery of this Guaranty, (b) the Agent and the Banks have no fiduciary relationship to the Guarantor, the relationship being solely that of debtor and creditor, and (c) no joint venture exists between the Guarantor and the Agent or the Banks.
Guarantor Acknowledgements. The Guarantor hereby waives notice of (i) acceptance of this Agreement, (ii) the existence or incurring from time to time of any Obligations guaranteed hereunder, (iii) nonpayment, the existence of any Event of Default, the making of demand, or the taking of any action by Lender, under the Preferred Stock Agreement, and (iv) default and demand hereunder. The Guarantor further acknowledges that the Guarantor (i) has examined or had the opportunity to examine the Preferred Stock Agreement and related agreements and (ii) waives any defense which may exist resulting from the Guarantor’s failure to receive or examine at any time the Loan Documents or any amendments, supplements, restatements or replacements therefor. The Guarantor acknowledges that in entering into this Agreement the Guarantor is not relying upon any statement, representation, warranty or opinion of any kind from Lender as to the present or future financial condition, performance, assets, liabilities or prospects of Borrowers or as to any other matter.
Guarantor Acknowledgements. (a) Guarantor hereby waives notice of (i) acceptance of this Agreement, (ii) the existence or incurring from time to time of any Obligations guaranteed hereunder, (iii) nonpayment, the existence of any Event of Default, the making of demand, or the taking of any action by FGI, under the MamaMancini’s Agreement, and (iv) default and demand hereunder.
(b) Guarantor acknowledges that Guarantor (i) has examined or had the opportunity to examine the MamaMancini’s Agreement and related agreements and (ii) waives any defense which may exist resulting from Guarantor’s failure to receive or examine at any time the MamaMancini’s Agreement or any amendments, supplements, restatements or replacements therefor.
(c) Guarantor acknowledges that it shall not do anything to impede or interfere in any manner with the normal collection and payment of the Purchased Account(s) assigned and sold to FGI.
(d) Guarantor acknowledges that in entering into this Agreement, Guarantor is not relying upon any statement, representation, warranty or opinion of any kind from FGI as to the present or future financial condition, performance, assets, liabilities or prospects of Client or as to any other matter.
Guarantor Acknowledgements. CSEC hereby acknowledges that the City shall not be required to (and CSEC hereby waives any right to require the City to):
(a) proceed against or exhaust any remedy against any Guaranteed Obligor or any other indemnifier or guarantor or any other Person;
(b) proceed against or exhaust any security given by any Guaranteed Obligor or any other Person to the City or any other Person; or
(c) pursue any other remedy available to the City. The City has the right to enforce this guarantee regardless of the acceptance of additional security from any Guaranteed Obligor or any other Person and regardless of any release or discharge of any Guaranteed Obligor by the City or by others or by operation of any law, before making a claim hereunder against CSEC.
Guarantor Acknowledgements. Guarantor understands and agrees that he or she shall have liability under this Guaranty regardless of whether: (1) Landlord renews the Lease; (2) Landlord grants to Tenant any extension of time within which to make any payments due or to perform any obligations under the Lease; (3) Guarantor was notified of any changes or amendments to the Lease; (4) Landlord fails to seek payment from or to sue the Tenant for any amounts due by Tenant under the Lease prior to requiring payment from Guarantor; (5) Guarantor was given any prior notice of default by Tenant under the Lease; or (6) Tenant lacks legal capacity or files for bankruptcy. Guarantor also specifically understands and agrees that the failure of Landlord to enforce its rights against, or attempt to collect from, any other Roommates or occupants of the Apartment Suite or their respective guarantors, or any other parties, shall not release or reduce the obligations of Guarantor under this Guaranty, except that Guarantor is liable only for the payments and obligations of the above named Tenant in accordance with the terms of the Lease. This means that Guarantor shall be fully and primarily responsible for all of “joint and several” obligations of Tenant, as described in the Lease, as well as all exclusive obligations of Tenant under the Lease, but shall not be responsible for the obligations of any other Roommate/occupant under their separate lease, including any obligations of such other Roommate/occupant for damages by that individual to the individual’s exclusive bedroom.
Guarantor Acknowledgements. Guarantor acknowledges and agrees that:
(a) Financier has entered into this Software Funding Agreement at Guarantor’s request;
(b) it has received valuable consideration for entering into this Software Funding Agreement;
(c) Financier is acting in reliance of Guarantor incurring obligations and giving rights under this Software Funding Agreement;
(d) it (or its directors if a company) has read and understood the terms of this Software Funding Agreement, including the Guarantee and Indemnity;
(e) it has made its own enquiries and satisfied itself as to the financial condition of Customer and Customer’s ability to perform its obligations under this Software Funding Agreement and has not relied in any way on any information provided by Financier; and
(f) any Security Interest granted to Financier by Guarantor at any time secures payment by Guarantor of all amounts (including losses and damages) that arise from Customer’s breach of this Software Funding Agreement or are payable by Customer to Financier on any account under or in connection with this Software Funding Agreement.
Guarantor Acknowledgements. The Guarantors
(i) acknowledge and consent to all of the terms and conditions of this Amendment, (ii) affirm all of their obligations under the Loan Documents and (iii) agree that this Amendment and all documents executed in connection herewith do not operate to reduce or discharge the Guarantors' obligations under Article 13 of the Credit Agreement or the other Loan Documents.
Guarantor Acknowledgements. The Guarantor acknowledges, agrees, represents, and warrants that: the Guarantor was not induced to enter into this Agreement or give this Guarantee by any statement, representation, or warranty by or for VITG. the Guarantor's obligations under clauses 2.1 and 2.2 continue until the Customer's obligations have been paid and performed in full and VITG has released the Guarantor in writing for any future Liabilities of the Customer under this Agreement. the Guarantor has obtained and relied upon independent legal advice or has had the opportunity to obtain legal advice but elected not to in relation to this Agreement, guarantee and indemnity. it has not relied upon any advice from XXXX's or the Customer's legal advisers in agreeing to give this guarantee. the Guarantor has read and understood the terms of this 0 – Guarantee, and does not require any further explanation from any person; and VITG may rely on this clause 2.6 if the Guarantor claims that this guarantee is unenforceable or invalid because the Guarantor did not understand its terms or did not obtain independent legal advice.
Guarantor Acknowledgements. The Guarantor hereby acknowledges that (a) counsel has advised the Guarantor in the negotiation, execution and delivery of this Guaranty,
Guarantor Acknowledgements. (a) Guarantor acknowledges that Guarantor has executed the SPA and in connection therewith (i) has examined or had the opportunity to examine the SPA and related agreements and (ii) waives any defense which may exist resulting from Guarantor’s failure to receive or examine at any time the SPA or any amendments, supplements, restatements or replacements therefor.
(b) Guarantor acknowledges that it shall not do anything to impede or interfere in any manner with the normal payment of the Installment Cash Consideration, pursuant to the Obligations under the SPA.
