Common use of Guarantor’s Obligations Unconditional Clause in Contracts

Guarantor’s Obligations Unconditional. (a) The Guarantor hereby guarantees that the Obligations will be paid strictly in accordance with the terms of the Credit Agreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the Administrative Agent and each Bank with respect thereto. The liability of the Guarantor hereunder shall be absolute and unconditional irrespective of: (i) any lack of a validity or enforceability of any of the Obligations, or any agreement, instrument or other document evidencing or securing any of the Obligations; (ii) any change in the time, manner or place of, payment of, or in any other term in respect of, all or any of the Obligations, or any other amendment or waiver of, or consent to any departure from any agreement, instrument or document evidencing or securing the Obligations; or (iii) any other circumstance that might otherwise constitute a defense available to, or a discharge of, the Company or any other guarantor in respect of the Obligations. (b) This Guaranty (i) is a continuing guarantee of payment and shall remain in full force and effect until the later of (x) the satisfaction in full of the Obligations and the payment of the other expenses to be paid by the Guarantor pursuant hereto, and (y) the termination of the Commitments; and (ii) shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment of any of the Obligations is rescinded or must otherwise be returned by any Bank upon the insolvency, bankruptcy or reorganization of the Company or otherwise, all as though such payment had not been made.

Appears in 2 contracts

Samples: Unconditional Guaranty (Cit Group Inc), Unconditional Guaranty (Cit Group Inc)

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Guarantor’s Obligations Unconditional. (a) The Guarantor hereby guarantees that the Obligations will be paid strictly in accordance with the terms of the Credit AgreementNote, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the Administrative Agent and each Bank Xxxxx Xxxxx with respect thereto. The liability of the Guarantor hereunder shall be absolute and unconditional irrespective of: (i) any lack of a validity or enforceability of any of the Obligations, Termination Agreement and/or the Note or any agreement, agreement or instrument or other document evidencing or securing any of the Obligationsrelating thereto; (ii) any change in the time, manner or place of, of payment of, or in any other term in respect of, all or any of the Obligations, or any other amendment or waiver of, of or consent to any departure from any agreement, instrument or document evidencing or securing the Obligations; Termination Agreement and/or the Note or (iii) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, the Company Obligor or any other guarantor in respect of the ObligationsObligations or Guarantor in respect hereof. (b) This Guaranty (i) is a continuing guarantee of payment guaranty and shall remain in full force and effect until the later of (x) the satisfaction in full of the Obligations and the payment of the other expenses to be paid by the Guarantor pursuant hereto, and (y) the termination of the Commitments; hereto and (ii) shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment of any of the Obligations is rescinded or must otherwise be returned by any Bank Xxxxx Xxxxx upon the insolvency, bankruptcy or reorganization of the Company Obligor or otherwise, all as though such payment had not been made.

Appears in 1 contract

Samples: Guaranty (Gargoyles Inc)

Guarantor’s Obligations Unconditional. (a) The Guarantor hereby guarantees that the Obligations will be paid strictly in accordance with the terms of the Credit Agreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the Administrative Agent and each Bank with respect thereto. The liability of the Guarantor hereunder shall be absolute and unconditional irrespective of: (i) any lack of a validity or enforceability of any of the Obligations, or any agreement, instrument or other document evidencing or securing any of the Obligations; (ii) any change in the time, manner or place of, payment of, or in any other term in respect of, all or any of the Obligations, or any other amendment or waiver of, or consent to any departure from any agreement, instrument or document evidencing or securing the Obligations; or (iii) any other circumstance that might otherwise constitute a defense available to, or a discharge of, the Company Borrower or any other guarantor in respect of the Obligations. (b) This Guaranty (i) is a continuing guarantee of payment and shall remain in full force and effect until the later of (x) the satisfaction in full of the Obligations and Obligations, the payment of the other expenses to be paid by the Guarantor pursuant hereto, hereto and (y) the termination of the Commitments; and (ii) shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment of any of the Obligations is rescinded or must otherwise be returned by any Bank upon the insolvency, bankruptcy or reorganization of the Company Borrower or otherwise, all as though such payment had not been made.

Appears in 1 contract

Samples: Unconditional Guaranty (Cit Group Inc)

Guarantor’s Obligations Unconditional. (a) The Guarantor hereby guarantees that the Obligations will be paid strictly in accordance with the terms of the Credit applicable Debt Agreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the Administrative Agent applicable Trustee and each Bank the applicable Holders with respect thereto. The liability of the Guarantor hereunder shall be absolute and unconditional irrespective of: (i) any lack of a validity or enforceability of any of the Obligations, or any agreement, instrument or other document evidencing or securing any of the Obligations; (ii) any change in the time, manner or place of, payment of, or in any other term in respect of, all or any of the Obligations, or any other amendment or waiver of, or consent to any departure from any agreement, instrument or document evidencing or securing the Obligations; or (iii) any other circumstance that might otherwise constitute a defense available to, or a discharge of, the Company Obligor or any other guarantor in respect of the Obligations. (b) This Guaranty (i) is a continuing guarantee of payment and shall remain in full force and effect until the later of (x) the satisfaction in full of the Obligations and the payment of the other expenses to be paid by the Guarantor pursuant hereto, and (y) the termination of the Commitments; and (ii) shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment of any of the Obligations is rescinded or must otherwise be returned by any Bank Trustee or any Holder upon the insolvency, bankruptcy or reorganization of the Company Obligor or otherwise, all as though such payment had not been made.

Appears in 1 contract

Samples: Guaranty (Cit Group Inc)

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Guarantor’s Obligations Unconditional. (a) The Except as otherwise limited in Sections 2(b) and 2(d), the Guarantor hereby guarantees that the Obligations amounts due under the Loan Agreement will be paid by the Guarantor strictly in accordance with the terms of the Credit Loan Agreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the Administrative Agent and each Bank Lender with respect thereto. The obligations of the Guarantor under this Guarantee are independent of the Borrower's obligations under the Loan Agreement, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce this Guarantee, irrespective of whether any action is brought against the Borrower or whether the Borrower is joined in any such action. The liability of the Guarantor hereunder shall be absolute and unconditional irrespective of: (i) any lack of a validity or enforceability of any of the Obligations, Loan Agreement or any agreementagreement or instrument relating thereto (collectively, instrument the "Loan Documents") or other document evidencing or securing any of the Obligations; (ii) any change in the time, manner or place of, payment ofnon-perfection of any lien on, or in security interest in, any other term in respect of, all or any of the Obligations, or any other amendment or waiver of, or consent to any departure from any agreement, instrument or document evidencing or securing the Obligations; or (iii) any other circumstance that might otherwise constitute a defense available to, or a discharge of, the Company or any other guarantor in respect of the Obligationscollateral. (b) This Guaranty Guarantee (i) is a continuing guarantee of payment guaranty and shall remain in full force and effect until the later of (x) the satisfaction in full such date on which all of the Obligations obligations and the payment of the all other expenses to be paid by the Guarantor or the Borrower pursuant heretothereto shall have been satisfied in full, and (y) the termination of the Commitments; and (ii) shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment of any of the Obligations obligations is rescinded or must otherwise be returned by any Bank the Lender upon the insolvency, bankruptcy or reorganization of the Company Borrower or otherwise, as all as though through such payment had not been made.

Appears in 1 contract

Samples: Guarantee (Ableauctions Com Inc)

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