Common use of Guaranty Continuing, Absolute, Unlimited Clause in Contracts

Guaranty Continuing, Absolute, Unlimited. This Guaranty is a continuing, irrevocable, absolute and unlimited Guaranty of payment as a primary obligor and not as a surety. This Guaranty shall apply to all Liabilities, without limitation as to either amount or period of time. The Liabilities shall be conclusively presumed to have been created in reliance on this Guaranty. You shall not be required to proceed first against the Lessee or any other person, firm or corporation or against any property securing any of the Liabilities before resorting to the Guarantor for payment. This Guaranty shall be construed as a guarantee of payment without regard to the enforceability of any of the Liabilities, the rejection of the Agreement in bankruptcy, OR any limitation of claims against the Lessee, and notwithstanding any claim, defense (other than payment or performance by the Guarantor) or right of set-off which the Lessee or the Guarantor may have against you, including any such claim, defense or right of set-off based on any present or future law or order of any government (DE JURE or DE FACTO), or of any agency thereof or court of law purporting to reduce, amend or otherwise affect any obligations of the Lessee, or any other obligor, or to vary any terms of payment, and without regard to any other circumstances which might otherwise constitute a legal or equitable discharge of a surety or a guarantor. The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time payment to you of the Liabilities or any part thereof is rescinded or must otherwise be returned by you upon the insolvency, bankruptcy or reorganization of the Lessee, or otherwise, as though such payment to you had not been made. The Guarantor's obligation to fully pay or perform the Liabilities and any remedy for the enforcement thereof shall not be impaired, modified, released, or limited in any way by any impairment, modification, release, or limitation of the liability of Lessee or its bankruptcy estate, resulting from the operation of any present or future provision of the Bankruptcy Code or any Debtor Relief Law or from the decision of any court interpreting the same.

Guaranty Continuing, Absolute, Unlimited. This Guaranty is a continuing, irrevocableabsolute, absolute and unlimited Guaranty guaranty of payment as and the Guarantor is a primary obligor and not as a surety. This Guaranty shall apply to all Liabilities, without limitation as to either amount or period of time. The Liabilities and Obligations shall be conclusively presumed to have been created in reliance on this Guaranty. You The Administrative Agent shall not be required to proceed first against the Lessee Borrower or any other person, firm or corporation Person or against any property securing any of the Liabilities or Obligations before resorting to the Guarantor for paymentpayment or performance. This To the extent permitted by applicable law, this Guaranty shall be construed as a guarantee of payment without regard to the enforceability of any of the Liabilities, Liabilities or Obligations or the rejection of the Credit Agreement in bankruptcy, OR any limitation of claims against the Lessee, and notwithstanding any claim, defense (other than payment or performance by Borrower or the Guarantor) or right of set-off setoff which the Lessee Borrower or the Guarantor may have against youany Lender or the Administrative Agent, including any such claim, defense defense, or right of set-off setoff based on any present or future law or order of any government (DE JURE de jure or DE FACTOde facto), or of any agency thereof or court of law purporting to reduce, amend amend, or otherwise affect any obligations of the Lessee, Liabilities or Obligations of Borrower or any other obligor, or to vary any terms of paymentpayment thereof, and without regard to any other circumstances which might otherwise constitute a legal or equitable discharge of a surety or a guarantor. The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time payment to you the Lenders or the Administrative Agent of the Liabilities or any part thereof is rescinded or must otherwise be returned by you any Lender or the Administrative Agent upon the insolvency, bankruptcy bankruptcy, or reorganization of the LesseeBorrower, or otherwise, as though such payment to you such Lender or the Administrative Agent had not been made. The To the extent permitted by applicable law, the Guarantor's obligation to fully pay or perform the Liabilities and any remedy for the enforcement thereof shall not be impaired, modified, released, or limited in any way by any impairment, modification, release, or limitation of the liability of Lessee Borrower or its bankruptcy estate, resulting from the operation of any present or future provision of the Bankruptcy Code or any Debtor Relief Law or from the decision of any court interpreting the same.

Guaranty Continuing, Absolute, Unlimited. This Guaranty is a continuing, irrevocable, absolute guaranty of performance and unlimited Guaranty of payment as a primary obligor and not as a surety. This Guaranty shall apply to all Liabilities, without limitation as to either amount or period of time. The Liabilities shall be conclusively presumed to have been created in reliance on this Guaranty. You shall not be required to proceed first against the Lessee or any other person, firm or corporation or against any property securing any of the Liabilities before resorting to the Guarantor for payment. This To the extent permitted by applicable law, this Guaranty shall be construed as a guarantee of payment without regard to the enforceability of any of the Liabilities, the rejection of the Agreement Lease Documents in bankruptcy, OR or any limitation of claims against the Lessee, and notwithstanding any claim, defense (other than payment or performance by the Guarantor) or right of set-off which the Lessee or the Guarantor may have against you, including any such claim, defense or right of set-off based on any present or future law or order of any government (DE JURE or DE FACTO), or of any agency thereof or court of law purporting to reduce, amend or otherwise affect any obligations of the Lessee, or any other obligor, or to vary any terms of payment, and without regard to any other circumstances which might otherwise constitute a legal or equitable discharge of a surety or a guarantor. The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time payment to you of the Liabilities or any part thereof is rescinded or must otherwise be returned by you to the Guarantor upon the insolvency, bankruptcy or reorganization of the Lessee, or otherwise, as though such payment to you had not been made. The To the extent permitted by applicable law, the Guarantor's obligation to fully pay or perform the Liabilities and any remedy for the enforcement thereof shall not be impaired, modified, released, or limited in any way by any impairment, modification, release, or limitation of the liability of Lessee or its bankruptcy estate, resulting from the operation of any present or future provision of the Bankruptcy Code or any Debtor Relief Law or from the decision of any court interpreting the same.

Guaranty Continuing, Absolute, Unlimited. This Guaranty is a continuing, irrevocable, absolute guaranty of performance and unlimited Guaranty of payment as a primary obligor and not as a surety. This Guaranty shall apply to all Liabilities, without limitation as to either amount or period of time. The Liabilities shall be conclusively presumed to have been created in reliance on this Guaranty. You shall not be required to proceed first against the Lessee or any other person, firm or corporation or against any property securing any of the Liabilities before resorting to the Guarantor for payment. This To the extent permitted by applicable law, this Guaranty shall be construed as a guarantee of payment without regard to the enforceability of any of the Liabilities, the rejection of the Agreement Lease Documents in bankruptcy, OR or any limitation of claims against the Lessee, and notwithstanding any claim, defense (other than payment or performance by the Guarantor) or right of set-off which the Lessee or the Guarantor may have against you, including any such claim, defense or right of set-off based on any present or future law or order of any government (DE JURE de jure or DE FACTOde facto), or of any agency thereof or court of law purporting to reduce, amend or otherwise affect any obligations of the Lessee, or any other obligor, or to vary any terms of payment, and without regard to any other circumstances which might otherwise constitute a legal or equitable discharge of a surety or a guarantor. The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time payment to you of the Liabilities or any part thereof is rescinded or must otherwise be returned by you to the Guarantor upon the insolvency, bankruptcy or reorganization of the Lessee, or otherwise, as though such payment to you had not been made. The To the extent permitted by applicable law, the Guarantor's obligation to fully pay or perform the Liabilities and any remedy for the enforcement thereof shall not be impaired, modified, released, or limited in any way by any impairment, modification, release, or limitation of the liability of Lessee or its bankruptcy estate, resulting from the operation of any present or future provision of the Bankruptcy Code or any Debtor Relief Law or from the decision of any court interpreting the same.

Guaranty Continuing, Absolute, Unlimited. This Guaranty is a continuing, irrevocableabsolute, absolute and unlimited Guaranty guarantee of payment as and the Guarantors are a primary obligor and not as a surety. This Guaranty shall apply to all Liabilities, without limitation as to either amount or period of time. The Liabilities and Obligations shall be conclusively presumed to have been created in reliance on this Guaranty. You The Administrative Agent shall not be required to proceed first against the Lessee Borrowers or any other person, firm or corporation or against any property securing any of the Liabilities or Obligations before resorting to the Guarantor Guarantors for paymentpayment or performance. This To the extent permitted by applicable law, this Guaranty shall be construed as a guarantee of payment without regard to the enforceability of any of the Liabilities, Liabilities or Obligations or the rejection of the Agreement in bankruptcy, OR any limitation of claims against the Lessee, and notwithstanding any claim, defense (other than payment or performance by the GuarantorBorrowers or the Guarantors) or right of set-off setoff which the Lessee Borrowers or the Guarantor Guarantors may have against youany Lender or the Administrative Agent, including any such claim, defense defense, or right of set-off setoff based on any present or future law or order of any government (DE JURE de jure or DE FACTOde facto), or of any agency thereof or court of law purporting to reduce, amend amend, or otherwise affect any obligations of the Lessee, Liabilities or Obligations of the Borrowers or any other obligor, or to vary any terms of paymentpayment thereof, and without regard to any other circumstances which might otherwise constitute a legal or equitable discharge of a surety or a guarantor. The Guarantor agrees Guarantors agree that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time payment to you the Lenders or the Administrative Agent of the Liabilities or any part thereof is rescinded or must otherwise be returned by you any Lender or the Administrative Agent upon the insolvency, bankruptcy bankruptcy, or reorganization of the LesseeBorrowers, or otherwise, as though such payment to you such Lender or the Administrative Agent had not been made. The Guarantor's To the extent permitted by applicable law, the Guarantors’ obligation to fully pay or perform the Liabilities and any remedy for the enforcement thereof shall not be impaired, modified, released, or limited in any way by any impairment, modification, release, or limitation of the liability of Lessee the Borrower or its bankruptcy estate, resulting from the operation of any present or future provision of the Bankruptcy Code or any Debtor Relief Law debtor relief law or from the decision of any court interpreting the same.

Guaranty Continuing, Absolute, Unlimited. This Guaranty is a continuing, irrevocableabsolute, absolute and unlimited Guaranty of payment as and the Guarantor is a primary obligor and not as a surety. This Guaranty shall apply to all Liabilities, without limitation as to either amount or period of time. The Liabilities and Obligations shall be conclusively presumed to have been created in reliance on this Guaranty. You The Agent shall not be required to proceed first against the Lessee Borrower or any other person, firm or corporation or against any property securing any of the Liabilities or Obligations before resorting to the Guarantor for paymentpayment or performance. This To the extent permitted by applicable law, this Guaranty shall be construed as a guarantee of payment without regard to the enforceability of any of the Liabilities, Liabilities or Obligations or the rejection of the Agreement in bankruptcy, OR any limitation of claims against the Lessee, and notwithstanding any claim, defense (other than payment or performance by Borrower or the Guarantor) or right of set-off which the Lessee Borrower or the Guarantor may have against youany Bank or the Agent, including any such claim, defense defense, or right of set-off based on any present or future law or order of any government (DE JURE or DE FACTO), or of any agency thereof or court of law purporting to reduce, amend amend, or otherwise affect any obligations of the Lessee, Liabilities or Obligations of Borrower or any other obligor, or to vary any terms of paymentpayment thereof, and without regard to any other circumstances which might otherwise constitute a legal or equitable discharge of a surety or a guarantor. The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time payment to you the Banks or the Agent of the Liabilities or any part thereof is rescinded or must otherwise be returned by you any Bank or the Agent upon the insolvency, bankruptcy bankruptcy, or reorganization of the LesseeBorrower, or otherwise, as though such payment to you such Bank or the Agent had not been made. The To the extent permitted by applicable law, the Guarantor's obligation to fully pay or perform the Liabilities and any remedy for the enforcement thereof shall not be impaired, modified, released, or limited in any way by any impairment, modification, release, or limitation of the liability of Lessee Borrower or its bankruptcy estate, resulting from the operation of any present or future provision of the Bankruptcy Code or any Debtor Relief Law or from the decision of any court interpreting the same.

Guaranty Continuing, Absolute, Unlimited. This Guaranty is a continuing, irrevocableabsolute, absolute and unlimited Guaranty of payment as and the Guarantor is a primary obligor and not as a surety. This Guaranty shall apply to all Liabilities, without limitation as to either amount or period of time. The Liabilities and Obligations shall be conclusively presumed to have been created in reliance on this Guaranty. You The Administrative Agent shall not be required to proceed first against the Lessee Borrower or any other person, firm or corporation or against any property securing any of the Liabilities or 105 Obligations before resorting to the Guarantor for paymentpayment or performance. This To the extent permitted by applicable law, this Guaranty shall be construed as a guarantee of payment without regard to the enforceability of any of the Liabilities, Liabilities or Obligations or the rejection of the Credit Agreement in bankruptcy, OR any limitation of claims against the Lessee, and notwithstanding any claim, defense (other than payment or performance by Borrower or the Guarantor) or right of set-off setoff which the Lessee Borrower or the Guarantor may have against youany Lender or the Administrative Agent, including any such claim, defense defense, or right of set-off setoff based on any present or future law or order of any government (DE JURE de jure or DE FACTOde facto), or of any agency thereof or court of law purporting to reduce, amend amend, or otherwise affect any obligations of the Lessee, Liabilities or Obligations of Borrower or any other obligor, or to vary any terms of paymentpayment thereof, and without regard to any other circumstances which might otherwise constitute a legal or equitable discharge of a surety or a guarantor. The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time payment to you the Lenders or the Administrative Agent of the Liabilities or any part thereof is rescinded or must otherwise be returned by you any Lender or the Administrative Agent upon the insolvency, bankruptcy bankruptcy, or reorganization of the LesseeBorrower, or otherwise, as though such payment to you such Lender or the Administrative Agent had not been made. The To the extent permitted by applicable law, the Guarantor's obligation to fully pay or perform the Liabilities and any remedy for the enforcement thereof shall not be impaired, modified, released, or limited in any way by any impairment, modification, release, or limitation of the liability of Lessee Borrower or its bankruptcy estate, resulting from the operation of any present or future provision of the Bankruptcy Code or any Debtor Relief Law or from the decision of any court interpreting the same.

Guaranty Continuing, Absolute, Unlimited. This Guaranty is a continuing, irrevocableabsolute, absolute and unlimited Guaranty of payment as and the Guarantor is a primary obligor and not as a surety. This Guaranty shall apply to all Liabilities, without limitation as to either amount or period of time. The Liabilities and Obligations shall be conclusively presumed to have been created in reliance on this Guaranty. You The Administrative Agent shall not be required to proceed first against the Lessee Borrower or any other person, firm or corporation or against any property securing any of the Liabilities or Obligations before resorting to the Guarantor for paymentpayment or performance. This To the extent permitted by applicable law, this Guaranty shall be construed as a guarantee of payment without regard to the enforceability of any of the Liabilities, Liabilities or Obligations or the rejection of the Credit Agreement in bankruptcy, OR any limitation of claims against the Lessee, and notwithstanding any claim, defense (other than payment or performance by Borrower or the Guarantor) or right of set-off setoff which the Lessee Borrower or the Guarantor may have against youany Lender or the Administrative Agent, including any such claim, defense defense, or right of set-off setoff based on any present or future law or order of any government (DE JURE de jure or DE FACTOde facto), or of any agency thereof or court of law purporting to reduce, amend amend, or otherwise affect any obligations of the Lessee, Liabilities or Obligations of Borrower or any other obligor, or to vary any terms of paymentpayment thereof, and without regard to any other circumstances which might otherwise constitute a legal or equitable discharge of a surety or a guarantor. The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time payment to you the Lenders or the Administrative Agent of the Liabilities or any part thereof is rescinded or must otherwise be returned by you any Lender or the Administrative Agent upon the insolvency, bankruptcy bankruptcy, or reorganization of the LesseeBorrower, or otherwise, as though such payment to you such Lender or the Administrative Agent had not been made. The To the extent permitted by applicable law, the Guarantor's obligation to fully pay or perform the Liabilities and any remedy for the enforcement thereof shall not be impaired, modified, released, or limited in any way by any impairment, modification, release, or limitation of the liability of Lessee Borrower or its bankruptcy estate, resulting from the operation of any present or future provision of the Bankruptcy Code or any Debtor Relief Law or from the decision of any court interpreting the same.