Guaranty Continuing. This Guaranty is a continuing one and all liabilities to which it applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon. No failure or delay on the part of any Guaranteed Creditors in exercising any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein expressly specified are cumulative and not exclusive of any rights or remedies which any Guaranteed Creditors or any subsequent holder of a Note, or issuer of, or participant in, a Letter of Credit would otherwise have. No notice to or demand on Holdings in any case shall entitle Holdings to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Guaranteed Creditors or any holder, creator or purchaser to any other or further action in any circumstances without notice or demand.
Guaranty Continuing. This Guaranty is a continuing one and all liabilities to which it applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon. No failure or delay on the part of any Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein expressly specified are cumulative and not exclusive of any rights or remedies which any Lender or any subsequent holder of any Revolving Note, or issuer of, or participant in, a Letter of Credit would otherwise have. No notice to or demand on the U.S. Borrower in any case shall entitle the U.S. Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Lenders or any holder, creator or purchaser to any other or further action in any circumstances without notice or demand.
Guaranty Continuing. This Guaranty is a continuing one and all liabilities to which it applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon. No failure or delay on the part of any Canadian Lenders in exercising any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein expressly specified are cumulative and not exclusive of any rights or remedies which any Canadian Lenders or any subsequent holder of a Canadian Revolving Note, or issuer of, or participant in, a Letter of Credit would otherwise have. No notice to or demand on the U.S. Borrower in any case shall entitle the U.S. Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Canadian Lenders or any holder, creator or purchaser to any other or further action in any circumstances without notice or demand.
Guaranty Continuing. This Guaranty is a continuing guaranty which relates to any Obligations, including those which arise under successive transactions which shall either cause the Sellers to incur new Obligations, continue the Obligations from time to time, or renew them after they have been satisfied. The Guarantor agrees that nothing shall discharge or satisfy its obligations created hereunder except for the full payment of the Obligations with interest as applicable. Any payment by the Guarantor shall not reduce its maximum obligation hereunder.
Guaranty Continuing. This Guaranty is a continuing guaranty and shall:
(a) remain in full force and effect until:
(i) Xxxxxxx Mac has determined (in its sole and absolute discretion) and notified Guarantor in writing that the Bases for Disqualification have been remediated and that the Seller/Servicers comply with all requirements of the Purchase Documents and are otherwise capable of discharging the Obligations and all of their other duties to Xxxxxxx Mac; or
(ii) the Seller/Servicers have each, with Xxxxxxx Mac’s prior written approval pursuant to the Guide, transferred all Xxxxxxx Mac servicing to a new entity;
(b) be binding upon the Guarantor, its successors and assigns, and
(c) inure to the benefit of, and be enforceable by, Xxxxxxx Mac and its successors, transferees and assigns.
Guaranty Continuing. 83 10.12 Binding Nature of Guaranties........................................................................ 83 10.13 Judgments Binding................................................................................... 83 Section 11. Subordination......................................................................................... 84 11.01 Notes Subordinate to Senior Indebtedness............................................................ 84 11.02 Payment Over of Proceeds Upon Dissolution........................................................... 84 11.03 No Payment in Certain Circumstances................................................................. 86 11.04
Guaranty Continuing. 24 ------------------- Section 8.3. Guarantor Directly Liable........................ 25 ------------------------- Section 8.4. No Impairment.................................... 25 ------------- Section 8.5. Waiver........................................... 25 ------ Section 8.6. Subrogation...................................... 26 ----------- Section 8.7. Information...................................... 26 ----------- Section 8.8. Evidence of Obligations.......................... 26 -----------------------
Guaranty Continuing. 125 13.11 Binding Nature of Guaranties.....................................................................125 13.12 Judgments Binding................................................................................125 SECTION 14. Miscellaneous.......................................................................................125
Guaranty Continuing. The guaranty provided by this Section 11, is ------------------- a continuing one and all liabilities to which it applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon. No failure or delay on the part of any Bank or of any holder of any Note of any Borrowing Subsidiary in exercising any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein expressly specified are cumulative and not exclusive of any rights or remedies which any Bank or any subsequent holder of a Note of any Borrowing Subsidiary would otherwise have. No notice to or demand on the Company in any case shall entitle the Company to any other further notice or demand in similar or other circumstances or constitute a waiver of the rights of any Bank or any holder of a note of any Borrowing Subsidiary to any other or further action in any circumstances without notice or demand.
Guaranty Continuing. Each Project Company's Guaranty is a continuing Guaranty and all obligations to which it applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon. In the event that, notwithstanding the provisions of Section 6.1, any Project Company's Guaranty shall be deemed revocable in accordance with applicable Legal Requirements, then any such revocation shall become effective only upon receipt by the Collateral Agent of written notice of revocation signed by a Responsible Officer of such Project Company. No revocation or termination hereof shall affect in any manner rights arising under any Project Company's Guaranty with respect to Guaranteed Obligations arising prior to receipt by the Collateral Agent of written notice of such revocation or termination.
