Common use of GUARANTY; DEFINITIONS Clause in Contracts

GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to DVD EXPRESS, INC. ("Borrowers"), or any of them, by XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Bank"), and for other valuable consideration, the undersigned XXXXXXX X. XXXXXXX ("Guarantor"), jointly and severally unconditionally guarantees and promises to pay to Bank, or order, on demand in lawful money of the United States of America and in immediately available funds, any and all indebtedness of any of the Borrowers to Bank. The term "Indebtedness" is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrowers, or any of them, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Borrowers may be liable individually or jointly with others, and whether recovery upon such Indebtedness may be or hereafter becomes unenforceable.

Appears in 2 contracts

Samples: Wells Fargo (DVD Express Inc), DVD Express Inc

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GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to DVD EXPRESS, INC. EMRISE CORPORATION ("Borrowers"), or any of them, by XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Bank"), and for other valuable consideration, the undersigned XXXXXXX X. XXXXXXX CXR TELCOM Corporation ("Guarantor"), jointly and severally unconditionally guarantees and promises to pay to Bank, Bank or order, on demand in lawful money of the United States of America and in immediately available funds, any and all indebtedness Indebtedness of any of the Borrowers to Bank. The term "Indebtedness" is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrowers, or any of them, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Borrowers may be liable individually or jointly with others, and or whether recovery upon such Indebtedness may be or hereafter becomes unenforceable. This Guaranty is a guaranty of payment and not collection.

Appears in 1 contract

Samples: Emrise CORP

GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to DVD EXPRESS, INC. XET Corporation and CXR Telcom Corporation ("Borrowers"), or any of them, by XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Bank"), and for other valuable consideration, the undersigned XXXXXXX X. XXXXXXX MicroTel International Inc. ("Guarantor"), jointly and severally unconditionally guarantees and promises to pay to Bank, Bank or order, on demand in lawful money of the United States of America and in immediately available funds, any and all indebtedness Indebtedness of any of the Borrowers to Bank. The term "Indebtedness" is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrowers, or any of them, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Borrowers may be liable individually or jointly with others, and or whether recovery upon such Indebtedness may be or hereafter becomes unenforceable.

Appears in 1 contract

Samples: Microtel International Inc

GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to DVD EXPRESSXXXXXXX CONTRACTING, INC. ("Borrowers"), or any of them, by XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Bank"), and for other valuable consideration, the undersigned XXXXXXX X. XXXXXXX REXX ENVIRONMENTAL CORPORATION ("Guarantor"), jointly and severally unconditionally guarantees and promises to pay to Bank, or order, on demand in lawful money of the United States of America and in immediately available funds, any and all indebtedness Indebtedness of any of the Borrowers to Bank. The term "Indebtedness" is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrowers, or any of them, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Borrowers may be liable individually or jointly with others, and whether recovery upon such Indebtedness may be or hereafter becomes unenforceable.

Appears in 1 contract

Samples: Rexx Environmental Corp

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GUARANTY; DEFINITIONS. In consideration of any credit or other financial accommodation heretofore, now or hereafter extended or made to DVD EXPRESS, INC. EMRISE CORPORATION ("Borrowers"), or any of them, by XXXXX FARGO BANK, NATIONAL ASSOCIATION ("Bank"), and for other valuable consideration, the undersigned XXXXXXX X. XXXXXXX EMRISE ELECTRONICS CORPORATION ("Guarantor"), jointly and severally unconditionally guarantees and promises to pay to Bank, Bank or order, on demand in lawful money of the United States of America and in immediately available funds, any and all indebtedness Indebtedness of any of the Borrowers to Bank. The term "Indebtedness" is used herein in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of Borrowers, or any of them, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Borrowers may be liable individually Individually or jointly with others, and or whether recovery upon such Indebtedness may be or hereafter becomes unenforceable. This Guaranty is a guaranty of payment and not collection.

Appears in 1 contract

Samples: Emrise CORP

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