GUARANTOR’S LIABILITY. This Guaranty is a continuing and unconditional guaranty of payment and performance and not of collection. The parties to this Guaranty are jointly and severally obligated hereunder. This Guaranty does not impose any obligation on Bank to extend or continue to extend credit or otherwise deal with Borrower at any subsequent time. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of the Guaranteed Obligations is rescinded, avoided or for any other reason must be returned by Bank, and the returned payment shall remain payable as part of the Guaranteed Obligations, all as though such payment had not been made. Except to the extent the provisions of this Guaranty give Bank additional rights, this Guaranty shall not be deemed to supersede or replace any other guaranties given to Bank by Guarantor; and the obligations guaranteed hereby shall be in addition to any other obligations guaranteed by Guarantor pursuant to any other agreement of guaranty given to Bank and other guaranties of the Guaranteed Obligations.
GUARANTOR’S LIABILITY. 2.1 The liability of the Guarantor under paragraph 1.1(a) and paragraph 1.2(a) shall continue until the end of the term, or until the Tenant is released from the tenant covenants of this lease by virtue of the Landlord and Tenant (Covenants) Xxx 0000, if earlier.
2.2 The liability of the Guarantor shall not be reduced, discharged or otherwise adversely affected by:
(a) any time or indulgence granted by the Landlord to the Tenant; or
(b) any delay or forbearance by the Landlord in enforcing the payment of any of the rents or the observance or performance of any of the tenant covenants of this lease (or the Tenant’s obligations under the Authorised Guarantee Agreement) or in making any demand in respect of any of them; or
(c) any refusal by the Landlord to accept any rent or other payment due under this lease where the Landlord believes that the acceptance of such rent or payment may prejudice its ability to re-enter the Property; or
(d) the Landlord exercising any right or remedy against the Tenant for any failure to pay the rents reserved by this lease or to observe or perform the tenant covenants of this lease (or the Tenant’s obligations under the Authorised Guarantee Agreement); or
(e) the Landlord taking any action or refraining from taking any action in connection with any other security held by the Landlord in respect of the Tenant’s liability to pay the rents reserved by this lease or observe and perform the tenant covenants of the lease (or the Tenant’s obligations under the Authorised Guarantee Agreement) including the release of any such security; or
(f) [a release or compromise of the liability of any one of the persons who is the Guarantor, or the grant of any time or concession to any one of them; or]
(g) any legal limitation or disability on the Tenant or any invalidity or irregularity of any of the tenant covenants of the lease (or the Tenant’s obligations under the Authorised Guarantee Agreement) or any unenforceability of any of them against the Tenant; or
(h) the Tenant being dissolved, or being struck off the register of companies or otherwise ceasing to exist, or, if the Tenant is an individual, by the Tenant dying or becoming incapable of managing its affairs; or
(i) without prejudice to paragraph 4, the disclaimer of the Tenant’s liability under this lease or the forfeiture of this lease; or
(j) the surrender of the lease in respect of part only of the Property, except that the Guarantor shall not be under any liability in relation to...
GUARANTOR’S LIABILITY. This Guaranty (this “Guaranty”) is a continuing and unconditional guaranty of payment and performance and not of collection. This Guaranty does not impose any obligation on Lenders to extend or continue to extend credit or otherwise deal with Borrower at any subsequent time. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of the Guaranteed Obligations is rescinded, avoided or for any other reason must be returned by Lenders, and the returned payment shall remain payable as part of the Guaranteed Obligations, all as though such payment had not been made. Except to the extent the provisions of this Guaranty give Lenders additional rights, this Guaranty shall not be deemed to supersede or replace any other guaranties given to Lenders by Guarantor; and the obligations guaranteed hereby shall be in addition to any other obligations guaranteed by Guarantor pursuant to any other agreement of guaranty given to Lenders and other guaranties of the Guaranteed Obligations. Notwithstanding anything contained in this Guaranty to the contrary, none of Guarantor’s other assets or income (including without limitation, life insurance, retirement plans, defined compensation plans, stock bonus or other stock plans, interest in real property, cash, stock, securities and other personal property, interests in corporations, limited liability companies, trusts or other entities, rights under any employment agreement or any other agreement and all other tangible and intangible personal property, whether received by Guarantor, by gift, inheritance or otherwise) whether owned now or in the future, shall be subject to the provisions of this Guaranty and shall be specifically excluded herefrom.
GUARANTOR’S LIABILITY. In consideration of the execution and delivery of this Tenancy Agreement by the Landlord, the Guarantor, as principal debtor, agrees to execute an agreement made collateral to this Tenancy Agreement which, upon execution by the Guarantor and the Landlord, shall be deemed to constitute a part of and be incorporated into this Tenancy Agreement with the Guarantor deemed to be a party this Tenancy Agreement. The guarantor further agrees that liability under the guarantee shall continue until such time as this Tenancy Agreement is terminated and the guarantor continues to be liable and bound by this Guarantee during any renewals and extensions, statutory or otherwise, of the term of this Tenancy Agreement.
GUARANTOR’S LIABILITY. The liability of the Guarantor under paragraph 1.1 and paragraph 1.2 shall continue until the end of the term, or until the Tenant is released from the tenant covenants of this lease by virtue of the LTCA 1995, if earlier.
GUARANTOR’S LIABILITY. 48.1 Your Guarantor’s liability will not be released or affected:
(a) if We give You any extra time to perform Your obligations, any concession or We delay in enforcing Our rights;
(b) if We refuse to accept Rents or other sums because We reasonably believe You are in breach of Your obligations or We are entitled to end this lease;
(c) if We have any other rights or security which We may enforce against You or Your Guarantor;
(d) if You become Insolvent;
(e) if part of the Property has been surrendered, in which case Your Guarantor’s liability will continue in respect of the part of the Property not surrendered;
(f) by any rent review properly agreed or determined;
(g) by any variation to this lease whether or not such variation imposes more onerous terms subject to clause 48.3 (Guarantor's Commitments) above;
(h) by Us transferring Our title in the Property to a third party; or
(i) by any other act or thing which would release Your Guarantor from its obligations other than a deed of release given by Us.
48.2 Whilst You still have obligations to Us Your Guarantor must not, without Our consent, make any claim against You or take any security from You, and any security taken in breach of this clause shall be held on trust for Us as security for the liability of Your Guarantor to Us.
48.3 All payments made by Your Guarantor shall be made without set off, abatement, deduction or counterclaim (whether legal or equitable).
GUARANTOR’S LIABILITY. The liability of the Guarantor under this Agreement:
15.5.1 shall not be released or diminished by any variation of the terms of the Guaranteed Obligations, or any forbearance, neglect or delay in seeking, performance of the Guaranteed Obligations or any granting of time for such performance; and
15.5.2 shall not be affected or impaired by reason of any other fact or event which in the absence of this provision would or might constitute or afford a legal or equitable discharge or release or a defence to a guarantor.
GUARANTOR’S LIABILITY. 3.1 The liability of the Guarantor under paragraphs 2.1 and 2.2 shall continue until the end of the Contractual Term or until the Tenant is released from the Tenant’s obligations under the Tenancy Agreement by virtue of the Landlord and Tenant (Covenants) Act 1995, if earlier.
3.2 The liability of the Guarantor shall not be affected by:
(a) any time or indulgence granted by the Landlord to the Tenant; or
(b) any delay or forbearance by the Landlord in enforcing the payment of any of the rents or the observance or performance of any of the Tenant’s obligations under the Tenancy Agreement or in making any demand in respect of any of them; or (c) any refusal by the Landlord to accept any rent or other payment due under the Tenancy Agreement where the Landlord believes that the acceptance of such rent or payment may prejudice its ability to re-enter the premises let to the Tenant; or
GUARANTOR’S LIABILITY. Your Guarantor’s liability will not be released or affected:
GUARANTOR’S LIABILITY. A Guarantor’s liability to the Finance Parties under this Clause 18 shall not be discharged, impaired or otherwise affected by reason of any of the following events or circumstances (regardless of whether any such events or circumstances occur with or without such Guarantor’s knowledge or consent): any time, waiver, consent, forbearance or other indulgence given or agreed by the Finance Parties with any Obligor in respect of any of the Obligor’s obligations under the Finance Documents; any defence, legal limitation, disability or incapacity of any Obligor related to the Finance Documents; any amendments to or variations of the Finance Documents agreed by the Finance Parties with any Obligor; the liquidation, bankruptcy or dissolution (or proceedings analogous thereto) of any Obligor; or any other circumstance which might otherwise constitute a defence available to, or discharge of, a Guarantor. Each Guarantor specifically waives all rights under the provisions of the Norwegian Financial Agreements Act 1999 (as amended) not being mandatory provisions, including (but not limited to) the following provisions (the main contents of the relevant provisions being as indicated in the brackets):
