Common use of Guarantor's Obligations Not Affected Clause in Contracts

Guarantor's Obligations Not Affected. This Guaranty is an absolute, unconditional, irrevocable, present and continuing guarantee of payment and performance and not merely of collection or collectibility, and, except as expressly provided herein to the contrary, is in no way conditioned or contingent upon any attempt to collect from the Borrower or any other person any of the Obligations or upon any other condition or contingency. The obligations of the Guarantors under this Guarantee shall remain in full force and effect without regard to, and shall not be impaired or affected by: (i) any change in the existence, structure or ownership of the Borrower, or any insolvency, bankruptcy, reorganization, arrangement, adjustment, composition, liquidation, receivership or similar proceeding affecting the Borrower; (ii) the existence of any claim or other rights that the Guarantors or any of them may have at any time against the Borrower, whether in connection herewith or in any unrelated transactions; provided however that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; (iii) any exercise or non-exercise by Vestin or any other person of any right, power, privilege or remedy pursuant to or in respect of this Guaranty, or any waiver of any such right, power, privilege or remedy; or (iv) any merger or consolidation of the Borrower with or into any other person, or any sale, lease or transfer of any or all of the assets of the Borrower to any other person or the dissolution, termination, winding up or other discontinuation of the Borrower.

Guarantor's Obligations Not Affected. This Guaranty is an absolute, unconditional, irrevocable, present and continuing guarantee of payment and performance and not merely of collection or collectibility, and, except as expressly provided herein to the contrary, is in no way conditioned or contingent upon any attempt to collect from the Borrower or any other person any of the Obligations or upon any other condition or contingency. The obligations of the Guarantors Guarantor under this Guarantee Guaranty shall remain in full force and effect without regard to, and shall not be impaired or affected by: (i) any change in the existence, structure or ownership of the Borrower, or any insolvency, bankruptcy, reorganization, arrangement, adjustment, composition, liquidation, receivership or similar proceeding affecting the Borrower; (ii) the existence of any claim or other rights that the Guarantors or any of them Guarantor may have at any time against the Borrower, whether in connection herewith or in any unrelated transactions; provided however that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; (iii) any exercise or non-exercise by Vestin or any other person of any right, power, privilege or remedy pursuant to or in respect of this Guaranty, or any waiver of any such right, power, privilege or remedy; or (iv) any merger or consolidation of the Borrower with or into any other person, or any sale, lease or transfer of any or all of the assets of the Borrower to any other person or the dissolution, termination, winding up or other discontinuation of the Borrower.

Guarantor's Obligations Not Affected. This Guaranty Guarantee is an absolute, unconditional, irrevocable, present and continuing guarantee of payment and performance and not merely of collection or collectibility, and, except as expressly provided herein to the contrary, is in no way conditioned or contingent upon any attempt to collect from the Borrower Raceway or any other person any of the Obligations Obligation or upon any other condition or contingency. The obligations of the Guarantors Guarantor under this Guarantee shall remain in full force and effect without regard to, and shall not be impaired or affected by: (i) any change in the existence, structure or ownership of the BorrowerRaceway, or any insolvency, bankruptcy, reorganization, arrangement, adjustment, composition, liquidation, receivership or similar proceeding affecting the BorrowerRaceway; (ii) the existence of any claim or other rights that the Guarantors or any of them Guarantor may have at any time against the BorrowerRaceway, whether in connection herewith or in any unrelated transactions; provided however that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; (iii) any exercise or non-exercise by Vestin VIP or any other person of any right, power, privilege or remedy pursuant to or in respect of this GuarantyGuarantee, or any waiver of any such right, power, privilege or remedy; or (iv) any merger or consolidation of the Borrower Raceway with or into any other person, or any sale, lease or transfer of any or all of the assets of the Borrower Raceway to any other person or the dissolution, termination, winding up or other discontinuation of the BorrowerRaceway.

Guarantor's Obligations Not Affected. This Guaranty is an absolute, unconditional, irrevocable, present and continuing guarantee of payment and performance and not merely of collection or collectibility, and, except as expressly provided herein to the contrary, is in no way conditioned or contingent upon any attempt to collect from the Borrower or any other person any of the Obligations or upon any other condition or contingency. The obligations of the Guarantors Guarantor under this Guarantee Guaranty shall remain in full force and effect without regard to, and shall not be impaired or affected by: (i) any change in the existence, structure or ownership of the Borrower, or any insolvency, bankruptcy, reorganization, arrangement, adjustment, composition, liquidation, receivership or similar proceeding affecting the Borrower; (ii) the existence of any claim or other rights that the Guarantors Guarantor or any of them may have at any time against the Borrower, whether in connection herewith or in any unrelated transactions; provided however that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; (iii) any exercise or non-exercise by Vestin or any other person of any right, power, privilege or remedy pursuant to or in respect of this Guaranty, or any waiver of any such right, power, privilege or remedy; or (iv) any merger or consolidation of the Borrower with or into any other person, or any sale, lease or transfer of any or all of the assets of the Borrower to any other person or the dissolution, termination, winding up or other discontinuation of the Borrower.

Guarantor's Obligations Not Affected. This Guaranty is an absolute, unconditional, irrevocable, present and continuing guarantee of payment and performance and not merely of collection or collectibility, and, except as expressly provided herein to the contrary, is in no way conditioned or contingent upon any attempt to collect from the Borrower or any other person any of the Obligations or upon any other condition or contingency. The obligations of the Guarantors Guarantor under this Guarantee shall remain in full force and effect without regard to, and shall not be impaired or affected by: (i) any change in the existence, structure or ownership of the Borrower, or any insolvency, bankruptcy, reorganization, arrangement, adjustment, composition, liquidation, receivership or similar proceeding affecting the Borrower; (ii) the existence of any claim or other rights that the Guarantors or any of them Guarantor may have at any time against the Borrower, whether in connection herewith or in any unrelated transactions; provided however that nothing herein shall prevent the assertion of any such claim by separate suit or compulsory counterclaim; (iii) any exercise or non-exercise by Vestin or any other person of any right, power, privilege or remedy pursuant to or in respect of this Guaranty, or any waiver of any such right, power, privilege or remedy; or (iv) any merger or consolidation of the Borrower with or into any other person, or any sale, lease or transfer of any or all of the assets of the Borrower to any other person or the dissolution, termination, winding up or other discontinuation of the Borrower.