Common use of Guaranty Absolute; Continuing Guaranty Clause in Contracts

Guaranty Absolute; Continuing Guaranty. The obligations of Guarantor hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment in full of the Guarantied Obligations. In furtherance of the foregoing and without limiting the generality thereof, Guarantor agrees that: (a) this Guaranty is a guaranty of payment when due and not of collectibility; (b) the obligations of Guarantor hereunder are independent of the obligations of Supplier under the TPPA and a separate action or actions may be brought and prosecuted against Guarantor whether or not any action is brought against the Supplier and whether or not the Supplier is joined in any such action or actions; and (c) Guarantor's payment of a portion, but not all, of the Guarantied Obligations shall in no way limit, affect, modify or abridge Guarantor's liability for any portion of the Guarantied Obligations that has not been paid. This Guaranty is a continuing guaranty and shall be binding upon Guarantor and its successors and assigns.

Guaranty Absolute; Continuing Guaranty. The obligations of Guarantor hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment indefeasible performance in full of the Guarantied Guaranteed Obligations. In furtherance of the foregoing and without limiting the generality thereof, Guarantor agrees that: (a) this Guaranty is a guaranty of payment when due and not of collectibility; (b) the obligations of Guarantor hereunder are independent of the obligations of Supplier either or both of the Guarantor Subsidiaries under the TPPA Merger Agreement and a separate action or actions may be brought and prosecuted against Guarantor whether or not any action is brought against the Supplier either Guarantor Subsidiary or any of such other guarantors and whether or not either or both of the Supplier Guarantor Subsidiaries is joined in any such action or actions; and (cb) Guarantor's ’s payment of a portion, but not all, of the Guarantied Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor's ’s liability for any portion of the Guarantied Guaranteed Obligations that has not been indefeasibly paid. This The Guaranty is a continuing guaranty and shall be binding upon Guarantor and its successors and assigns.

Guaranty Absolute; Continuing Guaranty. The obligations of Guarantor Parent hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment in full of the Guarantied Guaranteed Obligations. In furtherance of the foregoing and without limiting the generality thereof, Guarantor Parent agrees that: (a) this Guaranty is a guaranty of payment when due and not of collectibility; (b) Guaranteed Party may enforce this Guaranty upon the obligations occurrence and during the continuance of Guarantor hereunder are independent an Event of the obligations of Supplier Default under the TPPA and Notes; (c) a separate action or actions may be brought and prosecuted against Guarantor Parent whether or not any action is brought against the Supplier Company or any of such other guarantors and whether or not the Supplier Company is joined in any such action or actions; and (cd) Guarantor's Parent’s payment of a portion, but not all, of the Guarantied Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor's Parent’s liability for any portion of the Guarantied Guaranteed Obligations that has not been paid. This Guaranty is a continuing guaranty and shall be binding upon Guarantor Parent and its successors and assigns, and Parent irrevocably waives any right (including without limitation any such right arising under California Civil Code Section 2815) to revoke this Guaranty as to future transactions giving rise to any Guaranteed Obligations.

Guaranty Absolute; Continuing Guaranty. The obligations of Guarantor hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment in full of the Guarantied Guaranteed Obligations. In furtherance of the foregoing and without limiting the generality thereof, Guarantor agrees that: (a) this Guaranty is a guaranty of payment when due and not of collectibility; (b) Guaranteed Party may enforce this Guaranty upon the obligations occurrence and during the continuance of Guarantor hereunder are independent an Event of the obligations of Supplier Default under the TPPA and Notes; (c) a separate action or actions may be brought and prosecuted against Guarantor whether or not any action is brought against the Supplier Company or any of such other guarantors and whether or not the Supplier Company is joined in any such action or actions; and (cd) Guarantor's ’s payment of a portion, but not all, of the Guarantied Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor's ’s liability for any portion of the Guarantied Guaranteed Obligations that has not been paid. This Guaranty is a continuing guaranty and shall be binding upon Guarantor and its successors and assigns, and Guarantor irrevocably waives any right (including without limitation any such right arising under California Civil Code Section 2815) to revoke this Guaranty as to future transactions giving rise to any Guaranteed Obligations.