Guaranty by Holdings Clause Samples
Guaranty by Holdings. (a) Holdings hereby unconditionally and irrevocably guarantees to the Purchaser the due and punctual payment of all sums due by, and the performance of all obligations of, the Seller under Sections 3(c), 6(e), and 9 of this Agreement and any other provisions hereof requiring the payment of any amount by the Seller and, to the extent that they relate to the obligations of the Seller to cure any Defect or Breach, or repurchase or substitute for any affected Mortgage Loan or make any other payment, Sections 2.01, 2.02 and 2.03 of the Pooling and Servicing Agreement, as and when the same shall become due and payable (after giving effect to any applicable grace period) according to the terms hereof or thereof. In the case of the failure of the Seller to make any such payment as and when due, Holdings hereby agrees to make such payment or cause such payment to be made, promptly upon written demand by the Purchaser to Holdings, but any delay in providing such notice shall not under any circumstances reduce the liability of Holdings or operate as a waiver of the Purchaser’s right to demand payment.
(b) This guarantee shall be a guaranty of payment and performance, and the obligations of Holdings under this guarantee shall be continuing, absolute and unconditional. Holdings waives any and all defenses it may have arising out of: (i) the validity, regularity or enforceability of this Agreement; (ii) the absence of any action to enforce the same; (iii) the rendering of any judgment against the Seller or any action to enforce the same; (iv) any waiver or consent by the Purchaser or any amendment or other modification to this Agreement; (v) any defense to payment hereunder based upon suretyship defenses; (vi) the bankruptcy or insolvency of the Seller, (vii) any defense based on (1) the corporate status of the Seller, (2) the power and authority of the Seller to enter into this Agreement and to perform its obligations hereunder or (3) the legality, validity and enforceability of the Seller’s obligation under this Agreement, or (viii) any other defense, circumstances or limitation of any nature whatsoever that would constitute a legal or equitable discharge of a guarantor or other third party obligor. This guarantee shall continue to remain in full force and effect in accordance with its terms notwithstanding the renewal, extension, modification, or waiver, in whole or in part, of any of the Seller’s obligations under this Agreement or the Pooling and Servicing Agreemen...
Guaranty by Holdings. As consideration for Lenders agreeing to enter into this Agreement and extend the Commitments hereunder, Holdings hereby unconditionally and irrevocably guaranties the due and punctual payment when due (whether by required prepayment, declaration, demand or otherwise) of all Obligations of Borrower. For purposes of this Section 7, Holdings is referred to as a "Guarantor" and the obligations of Holdings under this subsection 7.1 are referred to as the "Guaranty."
Guaranty by Holdings. Holdings shall have executed and delivered a guaranty, in form and substance satisfactory to the Administrative Agent and its counsel of all amounts owed by Avis Budget Car Rental, LLC, as Lessee under the Finance Lease.
Guaranty by Holdings. Promptly after repaying in full all amounts owed by the Company under the Government Guaranteed Loan, the Company shall cause Holdings to enter into a guaranty, in form and substance reasonably satisfactory to the Agent, pursuant to which Holdings shall guaranty the Obligations under this Agreement and the other Loan Documents.
Guaranty by Holdings. Holdings hereby irrevocably and unconditionally guaranties the due and punctual payment of all Obligations of all Borrowers hereunder and under each of the other Credit Documents, when the same shall become due, whether at stated maturity, by required payment, declaration, demand or otherwise (including amounts which would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code), and agrees to pay any and all costs and expenses (including reasonable fees and disbursements of counsel and allocated costs of internal counsel) incurred by Agents or Lenders in enforcing or preserving any rights under this guaranty.