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 Loan Documents to which the Company is a party and any other agreements and instruments relating to the Obligations, 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 Lender with respect thereto. The obligations and liabilities of the Guarantor under this Guarantee shall be absolute and unconditional irrespective of (x) any lack of value, validity, genuineness, regularity or enforceability of any of the Obligations, any of the Loan Documents, or any agreement or instrument relating thereto, (y) any substitution, exchange, release, amendment, or waiver of or consent to any departure from the terms, of any of the Obligations, Loan Documents or any guarantee of or security for all or any of the Obligations, and (z) to the fullest extent permitted by applicable law, irrespective of any other circumstance which might otherwise constitute a legal or equitable defense available to, or a discharge of, the Guarantor in respect of the Obligations or the Guarantor in respect of this Guarantee. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter, impair or release the liability of the Guarantor hereunder which shall remain absolute and unconditional as described above:

Appears in 3 contracts

Samples: Guarantee (Caminus Corp), Guarantee (Caminus Corp), Caminus Corp

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Guarantor’s Obligations Unconditional. The obligations of Guarantor under this Agreement are primary, absolute and unconditional obligations of Guarantor, are not subject to any counterclaim, set-off, deduction, diminution, abatement, recoupment, suspension, deferment or defense based upon any claim Guarantor or any other person may have against Grantee, Beneficiary or any other person, and shall remain in full force and effect without regard to, and shall not be released, discharged or in any way affected by, any circumstance or condition whatsoever (whether or not Guarantor or Grantee shall have any knowledge or notice thereof), including, without limitation: (a) The Guarantor hereby guarantees that any amendment of or change in, or termination or waiver of, the Obligations will be paid strictly IRU Agreement; (b) any furnishing, acceptance or release of, or any defect in accordance with the terms any security for, any of the Loan Documents to which the Company is a party and Guaranteed Obligations; (c) any other agreements and instruments relating to the Obligations, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights waiver of the Lender with respect thereto. The obligations and liabilities of the Guarantor under this Guarantee shall be absolute and unconditional irrespective of (x) any lack of valuepayment, validity, genuineness, regularity performance or enforceability observance of any of the Obligationsobligations, any of conditions, covenants or agreements contained in the Loan DocumentsIRU Agreement, or any agreement other waiver, consent, extension, indulgence, compromise, settlement, release or instrument relating thereto, (y) any substitution, exchange, release, amendment, other action or waiver of inaction under or consent to any departure from the terms, of any of the Obligations, Loan Documents or any guarantee of or security for all or any of the Obligations, and (z) to the fullest extent permitted by applicable law, irrespective of any other circumstance which might otherwise constitute a legal or equitable defense available to, or a discharge of, the Guarantor in respect of the Obligations IRU Agreement; (d) any failure, omission or delay on the Guarantor part of Beneficiary to enforce, assert or exercise any right, power or remedy conferred on it in respect of this Guarantee. Without limiting the generality of the foregoing, it is agreed that the occurrence of any one or more of the following shall not alter, impair or release the liability of the Guarantor hereunder which shall remain absolute and unconditional as described above:Agreement;

Appears in 1 contract

Samples: Guaranty Agreement (Nextlink Communications Inc / De)

Guarantor’s Obligations Unconditional. (a) The Each Guarantor hereby guarantees that the Obligations will be paid strictly in accordance with the terms of the Loan Documents to which the Company is a party and any other agreements and instruments relating to the Obligations, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights Documents. The liability of the Lender with respect thereto. The obligations and liabilities of the Guarantor under this Guarantee Guarantors hereunder shall be absolute and unconditional unconditional, irrespective of of: (xi) any lack of value, validity, genuineness, regularity validity or enforceability of any of the Obligations, any of the such Loan Documents, Document or any agreement or instrument relating thereto, including, without limitation, the lack of validity or enforceability of all or any portion of the liens or security interests granted thereby; (yii) any substitutionchange in the time, exchangemanner or place of payment of, releaseor in any other term in respect of, amendmentall or any of the Obligations, or any other amendment or waiver of or consent to any departure from the terms, terms of any such Loan Document; (iii) any exchange or release of, or non-perfection of the Obligationsany lien on or security interest in, Loan Documents any collateral, or any guarantee release or amendment or waiver of or security consent to any departure from the terms of any other guaranty for all or any of the Obligations, and ; (ziv) to the fullest extent permitted by applicable law, irrespective of any other circumstance which might otherwise constitute a legal or equitable defense available to, or a discharge of, the Guarantor Borrower or any other guarantor or obligor in respect of the Obligations or the any Guarantor in respect hereof; or (v) the absence of this Guarantee. Without limiting any action on the generality part of the foregoing, it is agreed that the occurrence of any one or more Lender to obtain payment of the following shall not alter, impair Obligations from the Borrower or release the liability of the from any Guarantor hereunder which shall remain absolute and unconditional as described above:or from any other guarantor or obligor.

Appears in 1 contract

Samples: Facility Agreement (Selas Corp of America)

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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 Loan Documents to which the Company is a party and any other agreements and instruments relating to the Obligations, 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 Lender with respect theretoDocuments. The obligations and liabilities liability of the Guarantor under this Guarantee hereunder shall be absolute and unconditional unconditional, irrespective of of: (xi) any lack of value, validity, genuineness, regularity validity or enforceability of any of the Obligations, any of the such Loan Documents, Document or any agreement or instrument relating thereto, including, without limitation, the lack of validity or enforceability of all or any portion of the liens or security interests granted thereby; (yii) any substitutionchange in the time, exchangemanner or place of payment of, releaseor in any other non-material term in respect of, amendmentall or any of the Obligations, or any other amendment or waiver of or consent to any non-material departure from the terms of any such Loan Document; (iii) any exchange or release of, or non-perfection of any lien on or security interest in, any Collateral, or any release or amendment or waiver of or consent to any departure from the terms, terms of any of the Obligations, Loan Documents or any guarantee of or security other guaranty for all or any of the Obligations, and ; (ziv) to the fullest extent permitted by applicable law, irrespective of any other circumstance which might otherwise constitute a legal or equitable defense available to, or a discharge of, the Guarantor Borrower or any other guarantor or obligor in respect of the Obligations or the Guarantor in respect hereof; or (v) the absence of this Guarantee. Without limiting any action on the generality part of the foregoing, it is agreed that the occurrence of any one or more Bank to obtain payment of the following shall not alter, impair Obligations from the Borrower or release the liability of from the Guarantor hereunder which shall remain absolute and unconditional as described above:or from any other guarantor or obligor.

Appears in 1 contract

Samples: Pure Earth, Inc.

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