GUARANTY AND SURETY. This is a continuing guaranty. Guarantor hereby absolutely, irrevocably and unconditionally guarantees, and becomes surety for, the full and timely payment and performance of the debts, obligations and liability of Tenant under the Permit, whether now or hereafter made, incurred or created, voluntary or involuntary, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and regardless of whether recovery against Tenant with respect to such obligations is prevented by bankruptcy, or otherwise (collectively, the "Guaranteed Obligations").
GUARANTY AND SURETY. Each Guarantor hereby absolutely and unconditionally guarantees, and becomes surety for, the full, timely and complete payment when due, whether by lapse of time, by acceleration of payment, or otherwise, of (a) all indebtedness, liabilities and obligations of Borrowers to Lender, whether now existing or hereinafter arising, under the Note and the other Loan Documents, (b) all costs reasonably incurred by Lender to obtain, preserve, perfect and enforce the security interests granted by this Agreement and to maintain, preserve and collect any collateral, and all taxes, assessments, insurance premiums, repairs, reasonable attorneys’ fees and legal expenses, rent, storage charges, advertising costs, brokerage fees and expenses of sale related thereto, and (c) all renewals, extensions, modifications and substitutions of all or any part of the indebtedness and obligations described in the foregoing clauses (a) and (b) (collectively, the “Guaranteed Obligations”). Each Guarantor’s obligation under this Guaranty is unconditional, absolute and enforceable, irrespective of (a) the validity or enforceability of the Guaranteed Obligations in whole or in part or of the Note and the other Loan Documents or any provision thereof, (b) whether recovery against Borrowers with respect to the Guaranteed Obligations in whole or in part is prevented by bankruptcy, the operation of law, or otherwise, and (c) any other circumstance that might otherwise cause a legal or equitable discharge or defense of Guarantors.
GUARANTY AND SURETY. The Guarantor does hereby absolutely and unconditionally for the benefit of (i) the Agent and the Lenders under the Credit Agreement and (ii) NationsBank as lender under the ESOP Loan Agreement (collectively, the "Beneficiaries"), guarantee and become surety for the full and timely payment when due (whether by acceleration or otherwise) (including amounts which, but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code (or any successor statute), would become due) of:
A. All Obligations as defined in the Credit Agreement; and
B. All obligations and liabilities of the Trust under the ESOP Loan Agreement and the other ESOP Loan Documents, including without limitation its obligations to pay interest, principal, fees, expenses and indemnification amounts when and as the same shall become due whether at the stated maturity thereof, by acceleration or otherwise (the "ESOP Obligations").
GUARANTY AND SURETY. 1.1 Guarantor hereby absolutely, irrevocably, and unconditionally guarantees as primary obliger and not as surety for, the full and timely payment and performance of the Obligations to WEC.
1.2 All payments to be made by the Guarantor under this Guarantee shall be make without set-off or counterclaim and without deduction for any taxes, levies, duties, fee, deductions, withholdings, restrictions, or conditions of any nature whatsoever. If at any time any applicable law or regulation requires the Guarantor to make any such deduction or withholding from any such payment, the amounts payable under this Guarantee shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, the Creditor receives net sum equal to the sum which it would have received had no deduction or withholding been required.
GUARANTY AND SURETY. The Guarantor does hereby absolutely, unconditionally, continually and irrevocably for the benefit of the Agent and the Lenders (collectively, the "Beneficiaries"), guarantee and become surety for the full and timely payment when due (whether by acceleration or otherwise) (including amounts which, but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code (or any successor statute), would become due) of:
A. All Obligations as defined in the Credit Agreement; and
B. all other indebtedness, obligations and liabilities of the Borrower under written financing arrangements stated by the Guarantor and each of the Beneficiaries to be guaranteed hereby;
GUARANTY AND SURETY. Each Guarantor does hereby jointly, severally, absolutely,
GUARANTY AND SURETY. Guarantor hereby absolutely, irrevocably and unconditionally guarantees, and becomes surety for, the full and timely payment and performance of the debts, obligations and liability of Tenant under the Permit, whether now or hereafter made, incurred or created, voluntary or involuntary, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and regardless of whether recovery against Tenant with respect to such obligations is prevented by bankruptcy, or otherwise (collectively, the "Guaranteed Obligations").
GUARANTY AND SURETY. Each of the Guarantors does hereby, absolutely and unconditionally, jointly and severally, for the benefit of Secured Parties, guarantee and become surety for the full and timely payment when due (whether by acceleration or otherwise) (including amounts which, but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code (or any successor statute), would become due) of:
GUARANTY AND SURETY. Guarantor does hereby, absolutely and unconditionally, for the benefit of Secured Parties, guarantee and become surety for the full and timely payment when due (whether by acceleration or otherwise) (including amounts which, but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code (or any successor statute), would become due) of:
A. all indebtedness, obligations and liabilities (direct, by way of guarantee or otherwise) of the Borrower, now or hereafter existing, under or in connection with the Agreement, any other Loan Document and any other instruments evidencing any of the foregoing, and whether of principal, interest (including interest which, but for the filing of a petition in bankruptcy with respect to the Borrower, would accrue), fees, expenses or otherwise; and
B. all other indebtedness, obligations and liabilities of the Borrower under written financing arrangements stated by the Guarantor and the Secured Parties to be guaranteed hereby; in each case whether direct or indirect, joint or several, absolute or contingent, liquidated or unliquidated, now or hereafter existing, extended, renewed, replaced, refinanced or restructured, whether or not from time to time decreased or extinguished and later increased, created or incurred (all indebtedness, obligations and liabilities of the Borrower described in this Section 1 are collectively referred to as the "Secured Obligations").
GUARANTY AND SURETY. The Guarantor does hereby absolutely and unconditionally for the benefit of (i) the Agent and the Lenders under the Credit Agreement and (ii) NationsBank as lender under the ESOP Loan Agreement (collectively, the "Beneficiaries"), guarantee and become surety for the full and timely payment when due (whether by acceleration or otherwise) (including amounts which, but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code (or any successor statute), would become due) of:
A. All obligations as defined in the Credit Agreement; and
B. All obligations and liabilities of the Trust under the ESOP Loan Agreement and the other ESOP Loan Documents, including without limitation its obligations to pay interest, principal, fees, expenses and indemnification amounts when and as the same shall become due whether at the stated maturity thereof, by acceleration or otherwise (the "ESOP obligations"). in each came whether direct or indirect, joint or several, absolute or contingent, liquidated or unliquidated, now or hereafter existing, extended, renewed, replaced, refinanced or restructured, whether or not from time to time decreased or extinguished and later increased, created or incurred (all indebtedness, obligations and liabilities of the Borrowers described in this Section 1 are collectively referred to as the "Guarantied obligations"); provided, however, that the liability of the Guarantor with respect to the Guarantied obligations shall not exceed at any time the
