Common use of Guaranty Absolute Clause in Contracts

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor or whether Parent or any other guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 21 contracts

Samples: Security Agreement (Mechanical Technology Inc), Security Agreement (GT Biopharma, Inc.), Security Agreement (Immudyne, Inc.)

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Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 21 contracts

Samples: Form of Subsidiary Guaranty (Intellect Neurosciences, Inc.), Subsidiary Guaranty (China Yongxin Pharmaceuticals Inc.), Subsidiary Guaranty (China Yongxin Pharmaceuticals Inc.)

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid or performed strictly in accordance with the terms of the NotesAgreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Beneficiary with respect thereto. The obligations of the Guarantor under this Guaranty are independent of of, but related to, the Guaranteed Obligations, Counterparty’s obligations under the Agreement and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent one or any other guarantor more of the parties constituting Counterparty or whether Parent one or any other guarantor more of the parties constituting Counterparty is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 10 contracts

Samples: Supply Agreement, Supply Agreement, Supply Agreement (Paringa Resources LTD)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are is independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor or whether Parent or any other guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 9 contracts

Samples: Security Agreement (Cambridge Heart Inc), Subsidiary Guaranty (Reach Messaging Holdings, Inc.), Subsidiary Guaranty (Brainy Brands Company, Inc.)

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Bank with respect thereto. The obligations Obligations of each Guarantor under or in respect of this Guaranty are independent of any Obligations of the Guaranteed ObligationsBorrower under or in respect of the Loan Documents, and a separate action or actions may be brought and prosecuted against each Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 8 contracts

Samples: Credit Agreement (Panhandle Eastern Pipe Line Co Lp), Credit Agreement (Southern Union Co), Credit Agreement (Southern Union Co)

Guaranty Absolute. Guarantor guarantees guarantees, to the extent permitted by Applicable Law, that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesCredit Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Lender Party with respect thereto. The obligations of Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other obligations of Borrower under or in respect of the Credit Documents, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor Borrower or whether Parent or any other guarantor Borrower is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 6 contracts

Samples: Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP), Foresight Energy LP

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Lender Party with respect thereto. The obligations of each Guarantor under this Guaranty are joint and several and independent of the Guaranteed Obligationsobligations of any other Person under the Loan Documents, and a separate action or actions may be brought and prosecuted against any Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent the Borrower or any other guarantor Person or whether Parent the Borrower or any other guarantor Person is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 5 contracts

Samples: Guaranty Agreement, Guaranty Agreement (EnLink Midstream, LLC), Guaranty Agreement (EnLink Midstream Partners, LP)

Guaranty Absolute. The Parent Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Designated Agent or the Lenders any Lender with respect thereto. The obligations Obligations of the Parent Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of the Borrower under or in respect of the Loan Documents, and a separate action or actions may be brought and prosecuted against the Parent Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Parent Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Parent Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 4 contracts

Samples: Bridge Credit Agreement (Twenty-First Century Fox, Inc.), Credit Agreement (Twenty-First Century Fox, Inc.), Bridge Credit Agreement

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of this Agreement and the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Agent or the Lenders with respect thereto. The obligations of each Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against such Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent the Borrower or any other guarantor Guarantor or whether Parent the Borrower or any other guarantor Guarantor is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and and, to the maximum extent permitted by law, each Guarantor hereby irrevocably waives waives, any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 4 contracts

Samples: Day Credit Agreement (Telecomunicaciones De Puerto Rico Inc), Day Credit Agreement (Telecomunicaciones De Puerto Rico Inc), Credit Agreement (Telecomunicaciones De Puerto Rico Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order to the fullest extent permitted by Law now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Credit Party with respect thereto. The obligations Obligations of Guarantor under or in respect of this Guaranty Agreement are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligationsthis Agreement, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. This Agreement is a present and continuing, absolute and unconditional guarantee of payment when due, and not of collection, by Guarantor. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, Agreement shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 4 contracts

Samples: Credit Agreement (Gilead Sciences Inc), Parent Guaranty Agreement (Gilead Sciences Inc), Credit Facility Credit Agreement (Gilead Sciences Inc)

Guaranty Absolute. Guarantor The Parent guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesCredit Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Secured Party with respect thereto. The obligations of Guarantor the Parent under this Guaranty Article 9 are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor the Parent to enforce such obligationsthe provisions of this Article 9, irrespective of whether any action is brought against Parent the Borrower, any other Guarantor or any other guarantor Person or whether Parent the Borrower, any other Guarantor or any other guarantor Person is joined in any such action or actions. The liability of Guarantor the Parent under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, Article 9 shall be irrevocable, absolute and unconditional irrespective of, and Guarantor the Parent hereby irrevocably waives waives, to the extent not prohibited by applicable law, any defenses it may now or hereafter have (other than a defense of payment or performance) in any way relating to, any or all of the following:

Appears in 4 contracts

Samples: Credit Agreement (Berry Petroleum Corp), Credit Agreement (Berry Petroleum Corp), Credit Agreement (Jagged Peak Energy Inc.)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor or whether Parent or any other guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall shah be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 4 contracts

Samples: Security Agreement (Accelerated Pharma, Inc.), Security Agreement (Accelerated Pharma, Inc.), Security Agreement (Accelerated Pharma, Inc.)

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of this Agreement and the applicable Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Agent or the Lenders any Lender with respect thereto. The obligations of the Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other obligations of any Borrower under or in respect of this Agreement and the Notes, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor Borrower or whether Parent or any other guarantor Borrower is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and to the extent not prohibited by applicable law, the Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 3 contracts

Samples: Year Credit Agreement (Lubrizol Corp), Year Credit Agreement (Lubrizol Corp), Credit Agreement (Lubrizol Corp)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order Law now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Credit Party with respect thereto. The obligations Obligations of Guarantor under or in respect of this Guaranty Agreement are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligationsthis Agreement, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. This Agreement is a present and continuing, absolute and unconditional guarantee of payment when due, and not of collection, by Guarantor. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, Agreement shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 3 contracts

Samples: Parent Guaranty Agreement, Credit Agreement (Gilead Sciences Inc), Parent Guaranty Agreement (Gilead Sciences Inc)

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect theretoFinance Documents. The obligations Guaranteed Obligations of each Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any other Obligor under or in respect of the Finance Documents, and a separate action or actions may be brought and prosecuted against each Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent the Borrower or any other guarantor Obligor or whether Parent the Borrower or any other guarantor Obligor is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives waives, to the maximum extent permitted by applicable law, any defenses it may now have or hereafter have acquire arising out of or in any way relating to, any or all of the following:

Appears in 3 contracts

Samples: Subsidiary Guaranty (Warner Music Group Corp.), Subsidiary Guaranty (Warner Music Group Corp.), Subsidiary Guaranty (Warner Music Group Corp.)

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of this Agreement and the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Administrative Agent or the Lenders with respect thereto. The obligations of each Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against such Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent the Borrower or any the other guarantor Guarantor or whether Parent the Borrower or any the other guarantor Guarantor is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and and, to the maximum extent permitted by law, each Guarantor hereby irrevocably waives waives, any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 3 contracts

Samples: Revolving Credit Agreement (Telecomunicaciones De Puerto Rico Inc), Revolving Credit Agreement (Telecomunicaciones De Puerto Rico Inc), Revolving Credit Agreement (Telecomunicaciones De Puerto Rico Inc)

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in full and complete accordance with the terms of the NotesAgreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Beneficiary with respect thereto. The obligations of the Guarantor under this Guaranty are independent of but related to the Guaranteed ObligationsCounterparty’s obligations under the Agreement, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action or arbitration is brought against Parent or any other guarantor the Counterparty or whether Parent or any other guarantor the Counterparty is joined in any such action or actionsarbitration or whether the Counterparty is the subject of insolvency, bankruptcy, or reorganization proceedings. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 3 contracts

Samples: Engineering, Procurement and Construction Agreement (Ada-Es Inc), Engineering, Procurement and Construction Agreement (Ada-Es Inc), Guaranty (Ada-Es Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Administrative Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty Article IX are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of Guarantor under this Guaranty Article IX constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 3 contracts

Samples: Credit Agreement (Nord Resources Corp), Credit Agreement (Nord Resources Corp), Credit Agreement (Nord Resources Corp)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent Borrower or any other guarantor or whether Parent Borrower or any other guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 3 contracts

Samples: Personal Guaranty (Reign Sapphire Corp), Corporate Guaranty (Reign Sapphire Corp), YayYo, Inc.

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesNote, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Lender with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 3 contracts

Samples: Subsidiary Guaranty (Mesa Energy Holdings, Inc.), Subsidiary Guaranty (Medis Technologies LTD), Collexis Holdings, Inc.

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of this Agreement and the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Administrative Agent or the Lenders with respect thereto. The obligations of the Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent the Borrower or any other guarantor the Guarantor or whether Parent the Borrower or any other guarantor the Guarantor is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and and, to the maximum extent permitted by law, the Guarantor hereby irrevocably waives waives, any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 3 contracts

Samples: Term Credit Agreement (Telecomunicaciones De Puerto Rico Inc), Term Credit Agreement (Telecomunicaciones De Puerto Rico Inc), Term Credit Agreement (Telecomunicaciones De Puerto Rico Inc)

Guaranty Absolute. (a) The Guarantor guarantees that the Guaranteed Obligations will be paid and performed strictly in accordance with the terms of the NotesFacility Lease, regardless of any law, law or regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Beneficiary with respect thereto. This Guaranty constitutes a guarantee of payment and not of collection. The obligations of the Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Facility Lessee or whether Parent or any other guarantor the Facility Lessee is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocableirrevocable (subject to Section 2.6), absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, to any or all of the followingof:

Appears in 2 contracts

Samples: Participation Agreement (Mirant Mid Atlantic LLC), Participation Agreement (Mirant Mid Atlantic LLC)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Convertible Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty Agreement are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent VoIP or any other guarantor Guarantor or whether Parent VoIP or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty Agreement constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 2 contracts

Samples: Guaranty Agreement (Voip Inc), Guaranty Agreement Guaranty Agreement (Voip Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Convertible Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 2 contracts

Samples: Satellite Security Corp, Dalrada Financial Corp

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent HVW or any other guarantor or whether Parent HVW or any other guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 2 contracts

Samples: Guaranty (Attitude Drinks Inc.), Guaranty (Harrison Vickers & Waterman Inc)

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesFinance Documents, regardless of any lawLaw, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Secured Party with respect thereto. The obligations Guarantor further agrees that its guarantee hereunder constitutes a guarantee of payment when due and not of collection, that the Obligations of each Guarantor under or in respect of this Guaranty are those of primary obligor, and not merely as surety, and are independent of the Guaranteed ObligationsObligations or of any other Obligations of any other Guarantor under or in respect of the Finance Documents, and that a separate action or actions may be brought and prosecuted against each Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent the Borrower or any other guarantor Guarantor or whether Parent the Borrower or any other guarantor Guarantor is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives waives, to the fullest extent permitted by applicable Law, any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 2 contracts

Samples: Credit Agreement (Quintiles Transnational Holdings Inc.), Credit Agreement (Dunkin' Brands Group, Inc.)

Guaranty Absolute. The Parent Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent the Administrative Agent, the Administrative Agents or the Lenders with respect thereto. The obligations Obligations of the Parent Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any Loan Party under the Loan Documents, and a separate action or actions may be brought and prosecuted against the Parent Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor Borrower or whether Parent or any other guarantor Borrower is joined in any such action or actions. The liability of the Parent Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Parent Guarantor hereby irrevocably waives any defenses it may now or hereafter hereinafter have in any way relating to, any or all of the following:

Appears in 2 contracts

Samples: Credit Agreement (Microage Inc /De/), Microage Inc /De/

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Lender with respect thereto. The obligations Obligations of the Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of the Borrower under or in respect of the Loan Documents, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Agilent Technologies Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Secured Obligations will be paid strictly in accordance with the terms of the NotesNote, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Lender with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Secured Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 2 contracts

Samples: Subsidiary Guaranty (Converted Organics Inc.), Subsidiary Guaranty (Converted Organics Inc.)

Guaranty Absolute. The Parent Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent the Administrative Agent, the Administrative Agents or the Lenders with respect thereto. The obligations Obligations of the Parent Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any Loan Party under the Loan Documents, and a separate action or actions may be brought and prosecuted against the Parent Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Parent Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Parent Guarantor hereby irrevocably waives any defenses it may now or hereafter hereinafter have in any way relating to, any or all of the following:

Appears in 2 contracts

Samples: Credit Agreement (Stage Stores Inc), Security Agreement (Stage Stores Inc)

Guaranty Absolute. The Guarantor guarantees that the its Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesGuaranteed Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Beneficiary with respect thereto. The obligations of the Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of the Obligors under or in respect of the Guaranteed Documents, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor either Obligor or whether Parent or any other guarantor either Obligor is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective ofunconditional, and the Guarantor hereby irrevocably waives any defenses (other than payment in full of the Guaranteed Obligations) it may now have or hereafter have acquire in any way relating to, to any or all of the following:

Appears in 2 contracts

Samples: Pledge and Security Agreement (Cannae Holdings, Inc.), Cannae Holdings, Inc.

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesGuaranteed 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 Collateral Agent or the Lenders Purchasers with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent the Company or any other guarantor Guarantor or whether Parent Company or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 2 contracts

Samples: Securities Purchase Agreement (Sino Gas International Holdings, Inc.), Form of Guaranty (Sino Gas International Holdings, Inc.)

Guaranty Absolute. Guarantor guarantees guaranties that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesAgreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Creditor with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligationsObligations, irrespective of whether any action is brought against Parent the Purchaser or whether the Purchaser or any other guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Personal Guaranty (Function(x) Inc.)

Guaranty Absolute. Guarantor The Parent guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Secured Party with respect thereto. The obligations of Guarantor the Parent under this Guaranty Article XIII are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor the Parent to enforce such obligationsthe provisions of this Article XIII, irrespective of whether any action is brought against Parent the Borrower, any other Guarantor or any other guarantor Person or whether Parent the Borrower, any other Guarantor or any other guarantor Person is joined in any such action or actions. The liability of Guarantor the Parent under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, Article XIII shall be irrevocable, absolute and unconditional irrespective of, and Guarantor the Parent hereby irrevocably waives waives, to the extent not prohibited by applicable law, any defenses it may now or hereafter have (other than a defense of payment or performance) in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Berry Corp (Bry))

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Lender with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor or whether Parent or any other guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Security Agreement (Wearable Health Solutions, Inc.)

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Credit Agreement and the Revolving Credit Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Lender with respect thereto. The obligations of the Guarantor under this Guaranty Article VIII are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthe Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Guarantor under this the Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Revolving Credit Agreement (Gillette Co)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Convertible Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty Agreement are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Diametrics or whether Parent or any other guarantor Diametrics is joined in any such action or actions. The liability of Guarantor under this Guaranty Agreement constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Guaranty Agreement (Diametrics Medical Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Convertible Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty Agreement are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Savoy Resources or whether Parent or any other guarantor Savoy Resources is joined in any such action or actions. The liability of Guarantor under this Guaranty Agreement constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Guaranty Agreement (Savoy Resources Corp)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Convertible Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty Agreement are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent BlastGard or any other guarantor Guarantor or whether Parent BlastGard or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty Agreement constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Guaranty Agreement (Blastgard International Inc)

Guaranty Absolute. (a) The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notesthis Agreement, regardless of any law, regulation regulation, decree or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Agent or the Lenders any Lender with respect thereto. The obligations of the Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other obligations of the Borrower under or in respect of this Agreement, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Transcanada Corp)

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent the Administrative Agent, the Co-Agents or the Lenders with respect thereto. The obligations Obligations of the Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any Loan Party under the Loan Documents, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now or hereafter hereinafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Imc Global Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Convertible Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty Agreement are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent Company or any other guarantor Guarantor or whether Parent Company or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty Agreement constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Guaranty Agreement (Perfisans Holdings Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesNote, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligationsObligations, irrespective of whether any action is brought against Parent the Company or any other guarantor Guarantor or whether Parent the Company or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Form of Personal Guaranty (Pay88)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesNote, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Lender with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Debt Exchange Agreement (Attitude Drinks Inc.)

Guaranty Absolute. The Parent Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Agent or the Lenders any Lender with respect thereto. The obligations Obligations of the Parent Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of the Borrower under or in respect of the Loan Documents, and a separate action or actions may be brought and prosecuted against the Parent Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Parent Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Parent Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (News Corp)

Guaranty Absolute. Guarantor guarantees guaranties that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesAgreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Creditors with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligationsObligations, irrespective of whether any action is brought against Parent the Company or whether the Company or any other guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Personal Guaranty (Function(x) Inc.)

Guaranty Absolute. The Parent Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent the Administrative Agent, the Agents or the Lenders with respect thereto. The obligations Obligations of the Parent Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any Loan Party under the Loan Documents, and a separate action or actions may be brought and prosecuted against the Parent Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor Borrower or whether Parent or any other guarantor Borrower is joined in any such action or actions. The To the maximum extent permitted by applicable law, the liability of the Parent Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Parent Guarantor hereby irrevocably waives any defenses it may now or hereafter hereinafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (McDermott International Inc)

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Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notesthis Agreement, regardless of any law, regulation regulation, decree or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Agent or the Lenders any Lender with respect thereto. The obligations of the Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other obligations of the Borrower under or in respect of this Agreement, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Columbia Pipeline Group, Inc.)

Guaranty Absolute. Guarantor guarantees The Guarantors, jointly and severally, guarantee that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent the Agents, the Lenders or the Lenders L/C Issuer with respect thereto. The joint and several obligations of Guarantor the Guarantors under this Guaranty Article are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against any Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent the Borrowers or any other guarantor Guarantor or whether Parent or any other guarantor Borrower is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, Article shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Financing Agreement (High Voltage Engineering Corp)

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notesthereof, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Secured Party with respect thereto. The obligations Obligations of each Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any other Obligor, and a separate action or actions may be brought and prosecuted against each Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent any Borrower or any other guarantor Obligor or whether Parent any Borrower or any other guarantor Obligor is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Guarantee Agreement (United Rentals Inc /De)

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of this Agreement and the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Administrative Agent or the Lenders with respect thereto. The obligations of the Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and and, to the maximum extent permitted by law, the Guarantor hereby irrevocably waives waives, any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Revolving Credit Agreement (Telecomunicaciones De Puerto Rico Inc)

Guaranty Absolute. Each Parent Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Administrative Agent or the Lenders any other Secured Party with respect thereto. The obligations Obligations of each Parent Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any Loan Party under the Loan Documents, and a separate action or actions may be brought and prosecuted against any Parent Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor Loan Party or whether Parent or any other guarantor Loan Party is joined in any such action or actions. The liability of each Parent Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and each Parent Guarantor hereby irrevocably waives any defenses it may now or hereafter hereinafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Mediq Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent Subsidiary or any other guarantor or whether Parent Subsidiary or any other guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Attitude Drinks Inc.

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesPurchase 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 Collateral Agent or the Lenders BE Aerospace with respect thereto. The obligations of the Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other obligations of the Purchaser under the Purchase Agreement, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Purchaser or whether Parent or any other guarantor the Purchaser is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Purchase Agreement (Be Aerospace Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Convertible Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty Agreement are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent GTC Telecom or any other guarantor Guarantor or whether Parent GTC Telecom or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty Agreement constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Transaction Documents Agreement (GTC Telecom Corp)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and and, to the extent permitted by law, Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Form of Guaranty (China Biopharma, Inc.)

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Lender with respect thereto. The obligations Guaranteed Obligations of each Guarantor under or in respect of this Guaranty are independent of the Guaranteed Obligationsobligations of any other Credit Party under or in respect of the Loan Documents, and a separate action or actions may be brought and prosecuted against each Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent Borrower or any other guarantor Credit Party or whether Parent Borrower or any other guarantor Credit Party is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:following (other than payment in full of the Guaranteed Obligations):

Appears in 1 contract

Samples: Loan Agreement (Td Ameritrade Holding Corp)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with 12/2/2008, 2:25 PM respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Guaranty (Wizzard Software Corp /Co)

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of this Agreement and the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of the Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent the Borrower or any other guarantor the Guarantor or whether Parent the Borrower or any other guarantor the Guarantor is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and and, to the maximum extent permitted by law, the Guarantor hereby irrevocably waives waives, any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Term Credit Agreement (Telecomunicaciones De Puerto Rico Inc)

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Lender with respect thereto. The obligations of the Guarantor under or in respect of this Guaranty are independent of the Guaranteed ObligationsObligations or any other obligations the Borrower under or in respect of the Loan Documents, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now have or hereafter have acquire in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Ohio Edison Co

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent the Agents or the Lenders with respect thereto. The obligations Obligations of each Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any Loan Party under the Loan Documents, and a separate action or actions may be brought and prosecuted against such Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor Borrower or whether Parent or any other guarantor Borrower is joined in any such action or actions. The liability of such Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives to the extent permitted by applicable law any defenses it may now or hereafter hereinafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Imc Global Inc)

Guaranty Absolute. Guarantor and each of them undersigned hereby guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of each Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor Guarantors hereby irrevocably waives waive any defenses it they may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Lotus Pharmaceuticals, Inc.

Guaranty Absolute. Each Term B Guarantor jointly and severally guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Lender with respect thereto. The obligations of each Term B Guarantor under this Guaranty Section 16 are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against any Term B Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Borrowers or whether Parent or any other guarantor is Borrowers are joined in any such action or actions. The liability of each Term B Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, Section 16 shall be irrevocable, absolute and unconditional irrespective of, and each Term B Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Loan and Security Agreement (Metalico Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligationsObligations, irrespective of whether any action is brought against Parent the Companies or any other guarantor Guarantor or whether Parent the Companies or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Personal Guaranty (Voip Inc)

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of this Agreement and the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders any Term Lender with respect thereto. The obligations of the Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and and, to the maximum extent permitted by law, the Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Term Credit Agreement (Telecomunicaciones De Puerto Rico Inc)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the 1 (Guaranty Agreement) Convertible Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Universal Communication Systems Inc

Guaranty Absolute. The Parent Guarantor guarantees ----------------- that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, rule, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Agent or the Lenders with respect thereto. The obligations Obligations of the Parent Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any Loan Party under the Loan Documents, and a separate action or actions may be brought and prosecuted against the Parent Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Parent Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Parent Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Iron Age Holdings Corp)

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of this Agreement and the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Agent or the Lenders with respect thereto. The obligations of each Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against such Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent the Borrower or any the other guarantor Guarantor or whether Parent the Borrower or any the other guarantor Guarantor is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and and, to the maximum extent permitted by law, each Guarantor hereby irrevocably waives waives, any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Puerto Rico Telephone Co Inc)

Guaranty Absolute. Guarantor guarantees guaranties that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Holders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligationsObligations, irrespective of whether any action is brought against Parent the Borrower or whether the Borrower or any other guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Personal Guaranty (Reign Sapphire Corp)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Lender with respect thereto. The obligations of Guarantor under this Guaranty are is independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor or whether Parent or any other guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Subsidiary Guaranty (Inergetics Inc)

Guaranty Absolute. The Parent Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Administrative Agent or the Lenders any other Secured Party with respect thereto. The obligations Obligations of the Parent Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any Loan Party under the Loan Documents, and a separate action or actions may be brought and prosecuted against the Parent Guarantor to enforce such obligationsthis Parent Guaranty, irrespective of whether any action is brought against Parent or any other guarantor Loan Party or whether Parent or any other guarantor Loan Party is joined in any such action or actions. The liability of the Parent Guarantor under this Parent Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocableabsolute, absolute unconditional and unconditional irrevocable irrespective of, and the Parent Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or and all of the following:

Appears in 1 contract

Samples: Credit Agreement (Desa Holdings Corp)

Guaranty Absolute. Guarantor Each of the Guarantors severally, based ----------------- on its Pro Rata Share (and not jointly), guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents and Section 2 of this Guaranty, regardless of any law, regulation or --------- order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Agent or the Lenders with respect thereto. The obligations Obligations of Guarantor each of the Guarantors under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor the Guarantors to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of Guarantor the Guarantors under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and each of the Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or and all of the following:

Appears in 1 contract

Samples: College Television Network Inc

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesCredit 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 Collateral the Administrative Agent or the Lenders any other Lender Party with respect thereto. The obligations of the Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Borrower or whether Parent or any other guarantor the Borrower is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Encana Corp)

Guaranty Absolute. The Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesPurchase 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 Collateral Agent or the Lenders Seller and the Former Interest Holders with respect thereto. The obligations of the Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other obligations of the Purchaser under the Purchase Agreement, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor the Purchaser or whether Parent or any other guarantor the Purchaser is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and the Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Be Aerospace Inc

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of this Agreement and the Notes, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral the Administrative Agent or the Lenders with respect thereto. The obligations of each Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted directly against such Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent the Borrower or any the other guarantor Guarantor or whether Parent the Borrower or any the other guarantor Guarantor is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and and, to the maximum extent permitted by law, each Guarantor hereby irrevocably waives waives, any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Puerto Rico Telephone Co Inc)

Guaranty Absolute. Guarantor guarantees guaranties that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesAgreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders Creditor with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligationsObligations, irrespective of whether any action is brought against Parent the Company or whether the Company or any other guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of the Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Personal Guaranty (Function(x) Inc.)

Guaranty Absolute. Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesDebentures, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent or the Lenders with respect thereto. The obligations of Guarantor under this Guaranty are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against Guarantor to enforce such obligations, irrespective of whether any action is brought against Parent or any other guarantor Guarantor or whether Parent or any other guarantor Guarantor is joined in any such action or actions. The liability of Guarantor under this Guaranty constitutes a primary obligation, and not a contract of surety, and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives any defenses it may now or hereafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: China Networks International Holdings LTD

Guaranty Absolute. Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the NotesLoan Documents, regardless of any lawLaw, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of Collateral Agent the Administrative Agent, the Administrative Agents or the Lenders with respect theretoto the Guaranteed Obligations. The obligations Obligations of each Guarantor under this Guaranty are independent of the Guaranteed ObligationsObligations or any other Obligations of any Loan Party under the Loan Documents, and a separate action or actions may be brought and prosecuted against such Guarantor to enforce such obligationsthis Guaranty, irrespective of whether any action is brought against Parent or any other guarantor Borrower or whether Parent or any other guarantor Borrower is joined in any such action or actions. The liability of each Guarantor under this Guaranty constitutes is a primary obligation, full guarantee of payment (and not a contract merely of surety, collection) and to the extent permitted by law, shall be irrevocable, absolute and unconditional irrespective of, and such Guarantor hereby irrevocably waives any defenses it may now or hereafter hereinafter have in any way relating to, any or all of the following:

Appears in 1 contract

Samples: Credit Agreement (Ceradyne Inc)

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