Common use of Guaranty of Obligor's Indebtedness Clause in Contracts

Guaranty of Obligor's Indebtedness. Guarantor hereby absolutely, ------------------------------------------------- irrevocably and unconditionally agrees to, and by these presents does hereby: (a) guarantee the prompt and punctual payment, performance and satisfaction of all present and future indebtedness and obligations of Obligor to Caterpillar Financial which Obligor now owes Caterpillar Financial or which Obligor shall at any time or from time to time hereafter owe Caterpillar Financial when the same shall become due in connection with or arising out of that certain INSTALLMENT SALE CONTRACT by and between Obligor and Caterpillar Financial dated JANUARY 1, 2002, including any and all existing and future additional schedules, amendments and/or related agreements thereto (the "Contract"), whether direct or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, or by open account or otherwise, and whether representing rentals, principal, interest and/or late charges or other charges of an original balance, an accelerated balance, a balance reduced by part payment or a deficiency after sale of collateral or otherwise and (b) undertake and guarantee to pay on demand and indemnify Caterpillar Financial against all liabilities, losses costs, attorney's fees, and expenses which may be suffered by Caterpillar Financial by reason of Obligor's default or default of the Guarantor (with all of Obligor's indebtedness and/or obligations as stated above (including all costs, fees and expenses (being hereinafter individually and collectively referred to under this Guaranty as Obligor's "Indebtedness", which Indebtedness shall be conclusively presumed to have been created in reliance upon this Guaranty).

Appears in 2 contracts

Samples: Security Agreement (Apollo Gold Corp), Security Agreement (Apollo Gold Corp)

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Guaranty of Obligor's Indebtedness. Guarantor hereby absolutely, ------------------------------------------------- --------------------------------------------- irrevocably and unconditionally agrees to, and by these presents does hereby: (a) guarantee the prompt and punctual payment, performance and satisfaction of all present and future indebtedness and obligations of Obligor to Caterpillar Financial Seller which Obligor now owes Caterpillar Financial Seller or which Obligor shall at any time or from time to time hereafter owe Caterpillar Financial Seller when the same shall become due in connection with or arising out of that certain INSTALLMENT SALE CONTRACT by and between Obligor and Caterpillar Financial Seller dated JANUARY 1, 2002May 11 2000, including any and all existing and future additional schedules, amendments and/or related agreements thereto (the "Contract"), ) whether direct or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, or by open account or otherwise, and whether representing rentals, principal, interest and/or late charges or other charges of an original balance, an accelerated balance, a balance reduced by part payment or a deficiency after sale of collateral or otherwise and (b) undertake and guarantee to pay on demand and indemnify Caterpillar Financial Seller against all liabilities, losses losses, costs, attorney's fees, and expenses which may be suffered by Caterpillar Financial Seller by reason of Obligor's default or default of the Guarantor (with all of Obligor's indebtedness Indebtedness and/or obligations as stated above (including all costs, fees and expenses (expenses) being hereinafter individually and collectively referred to under this Guaranty as Obligor's "Indebtedness", which Indebtedness shall be conclusively presumed to have been created in reliance upon this Guaranty).

Appears in 1 contract

Samples: Installment Sale Contract (Meadow Valley Corp)

Guaranty of Obligor's Indebtedness. Guarantor hereby absolutely, ------------------------------------------------- ---------------------------------------------- irrevocably and unconditionally agrees to, and by these presents does hereby: (a) guarantee the prompt and punctual payment, performance and satisfaction of all present and future indebtedness and obligations of Obligor to Caterpillar Financial Seller which Obligor now owes Caterpillar Financial Seller or which Obligor shall at any time or from time to time hereafter owe Caterpillar Financial Seller when the same shall become due in connection with or arising out of that certain INSTALLMENT SALE SALES CONTRACT by and between Obligor and Caterpillar Financial Seller dated JANUARY 1, 200211/25/99, including any and all existing and future additional schedules, amendments and/or related agreements thereto (the "Contract"), whether direct or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, or by open account or otherwise, and whether representing rentals, principal, interest and/or late charges or other charges of an original balance, an accelerated balance, a balance reduced by part payment or a deficiency after sale of collateral or otherwise and (b) undertake and guarantee to pay on demand and indemnify Caterpillar Financial Seller against all liabilities, losses losses, costs, attorney's fees, and expenses which may be suffered by Caterpillar Financial Seller by reason of Obligor's default or default of the Guarantor (with all of Obligor's indebtedness and/or obligations as stated above (including all costs, fees and expenses (expenses) being hereinafter individually and collectively referred to under this Guaranty as Obligor's "Indebtedness", which Indebtedness shall be conclusively presumed to have been created in reliance upon this Guaranty).

Appears in 1 contract

Samples: Installment Sale Contract (Meadow Valley Corp)

Guaranty of Obligor's Indebtedness. Guarantor hereby absolutely, ------------------------------------------------- ---------------------------------------------- irrevocably and unconditionally agrees to, and by these presents does hereby: (a) guarantee the prompt and punctual payment, performance and satisfaction of all present and future indebtedness and obligations of Obligor to Caterpillar Financial which Obligor now owes Caterpillar Financial or which Obligor shall at any time or from form time to time hereafter owe Caterpillar Financial when the same shall become due in connection with or arising out of that certain INSTALLMENT SALE CONTRACT FINANCE LEASE by and between Obligor and Caterpillar Financial dated JANUARY 1, 200210/18/01, including any and all existing and future additional schedules, amendments and/or related agreements thereto (the "Contract"), whether direct or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, or by open account or otherwise, and whether representing rentals, principal, interest and/or late charges or other charges of an original balance, an accelerated balance, a balance reduced by part payment or a deficiency after sale of collateral or otherwise and (b) undertake and guarantee to pay on demand and indemnify Caterpillar Financial against all liabilities, losses losses, costs, attorney's fees, and expenses which may be suffered by Caterpillar Financial by reason of Obligor's default or default of the Guarantor (with all of Obligor's indebtedness and/or obligations as stated above (including all costs, fees and expenses (expenses) being hereinafter individually and collectively referred to under this Guaranty as Obligor's "Indebtedness", which Indebtedness shall be conclusively presumed to have been created in reliance alliance upon this Guaranty).

Appears in 1 contract

Samples: Meadow Valley Corp

Guaranty of Obligor's Indebtedness. Guarantor hereby absolutely, ------------------------------------------------- irrevocably and unconditionally agrees to, and by these presents does hereby: (a) guarantee the prompt and punctual payment, performance and satisfaction of all present and future indebtedness and obligations of Obligor to Caterpillar Financial Seller which Obligor now owes Caterpillar Financial Seller or which Obligor shall at any time or from time to time hereafter owe Caterpillar Financial Seller when the same shall become due in connection with or arising out of that certain INSTALLMENT SALE CONTRACT Installment Sales Contract by and between Obligor and Caterpillar Financial dated JANUARY 1, 2002Seller Transaction Number 1956832, including any and all existing and future additional schedules, amendments and/or related agreements thereto (the "Contract"), whether direct or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, or by open account or otherwise, and whether representing rentals, principal, interest and/or late charges or other charges of an original balance, an accelerated balance, a balance reduced by part payment or a deficiency after sale of collateral or otherwise and (b) undertake and guarantee to pay on demand and indemnify Caterpillar Financial Seller against all liabilities, losses losses, costs, attorney's ’s fees, and expenses which may be suffered by Caterpillar Financial Seller by reason of Obligor's ’s default or default of the Guarantor (with all of Obligor's ’s indebtedness and/or obligations as stated above (including all costs, fees and expenses (expenses) being hereinafter individually and collectively referred to under this Guaranty as Obligor's "’s “Indebtedness", which Indebtedness shall be conclusively presumed to have been created in reliance upon this Guaranty).

Appears in 1 contract

Samples: Sale Contract (Security Agreement (Goldfield Corp)

Guaranty of Obligor's Indebtedness. Guarantor hereby absolutely, ------------------------------------------------- ---------------------------------------------- irrevocably and unconditionally agrees to, and by these presents does hereby: (a) guarantee the prompt and punctual payment, performance and satisfaction of all present and future indebtedness and obligations of Obligor to Caterpillar Financial Seller which Obligor now owes Caterpillar Financial Seller or which Obligor shall at any time or from time to time hereafter owe Caterpillar Financial Seller when the same shall become due in connection with or arising out of that certain INSTALLMENT SALE CONTRACT Installment Sales Contract by and between Obligor and Caterpillar Financial Seller dated JANUARY 1, 2002FEB 13 2001, including any and all existing and future additional schedules, amendments and/or related agreements thereto (the "Contract"), whether direct or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, or by open account or otherwise, and whether representing rentals, principal, interest and/or late charges or other charges of an original balance, an accelerated balance, a balance reduced by part payment or a deficiency after sale of collateral or otherwise and (b) undertake and guarantee to pay on demand and indemnify Caterpillar Financial Seller against all liabilities, losses losses, costs, attorney's fees, and expenses which may be suffered by Caterpillar Financial Seller by reason of or Obligor's default or default of the Guarantor (with all of Obligor's indebtedness and/or obligations as stated above (including all costs, fees and expenses (expenses) being hereinafter individually and collectively referred to under this Guaranty guaranty as Obligor's "Indebtedness", which Indebtedness shall be conclusively presumed to have been created in reliance upon this Guaranty).

Appears in 1 contract

Samples: Installment Sale Contract (Meadow Valley Corp)

Guaranty of Obligor's Indebtedness. Guarantor hereby absolutely, ------------------------------------------------- irrevocably and unconditionally agrees to, and by these presents does hereby: (a) guarantee the prompt and punctual payment, performance and satisfaction of all present and future indebtedness and obligations of Obligor to Caterpillar Financial which Obligor now owes Caterpillar Financial or which Obligor shall at any time or from time to time hereafter owe Caterpillar Financial when the same shall become due in connection with or arising out of that certain INSTALLMENT SALE CONTRACT Finance Lease by and between Obligor and Caterpillar Financial dated JANUARY 1, 2002______________, including any and all existing and future additional schedules, amendments and/or related agreements thereto (the "Contract"), whether direct or contingent, due or to become due, joint or several, primary or of secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, or by open account or otherwise, and whether representing rentals, principal, interest and/or late charges or other charges of an original balance, an accelerated balance, a balance reduced by part payment or a deficiency after sale of collateral or otherwise and (b) undertake and guarantee to pay on demand and indemnify Caterpillar Financial against all liabilities, losses losses, costs, attorney's fees, and expenses which may be suffered by Caterpillar Financial by reason of Obligor's default or default of the Guarantor (with all of Obligor's indebtedness and/or obligations as stated above (including all costs, fees and expenses (expenses) being hereinafter individually and collectively referred to under this Guaranty as Obligor's "Indebtednessindebtedness", which Indebtedness indebtedness shall be conclusively presumed to have been created in reliance upon this Guaranty).

Appears in 1 contract

Samples: Apollo Gold Corp

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Guaranty of Obligor's Indebtedness. Guarantor hereby absolutely, ------------------------------------------------- irrevocably and unconditionally agrees to, and by these those presents does hereby: (a) guarantee the prompt and punctual payment, performance and satisfaction of all present and future indebtedness and obligations of Obligor to Caterpillar Financial which Obligor now owes Caterpillar Financial or which Obligor shall at any time or from time to time hereafter owe Caterpillar Financial when the same shall become due in connection with or arising out of that certain INSTALLMENT SALE CONTRACT PROMISSORY NOTE & SECURITY AGREEMENT by and between Obligor and Caterpillar Financial dated JANUARY 1, 200210/9/02 , including any and all existing and future additional ----------------- schedules, amendments and/or related agreements thereto (the "Contract"), whether direct or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, or by open account or otherwise, and whether representing rentals, principal, interest and/or late charges or other charges of an original balance, an accelerated balance, a balance reduced by part payment or a deficiency after sale of collateral or otherwise and (b) undertake and guarantee to pay on demand and indemnify Caterpillar Financial against all liabilities, losses losses, costs, attorney's fees, and expenses which may be suffered by Caterpillar Financial by reason of Obligor's default or default of the Guarantor (with all of Obligor's indebtedness and/or obligations as stated above (including all costs, fees and expenses (expenses) being hereinafter individually and collectively referred to under this Guaranty as Obligor's "Indebtedness", which Indebtedness shall be conclusively presumed to have been created in reliance upon this Guaranty).

Appears in 1 contract

Samples: Security Agreement (Apollo Gold Corp)

Guaranty of Obligor's Indebtedness. Guarantor hereby absolutely, ------------------------------------------------- --------------------------------------------- irrevocably and unconditionally agrees to, and by these presents does hereby: (a) guarantee the prompt and punctual payment, performance and satisfaction of all present and future indebtedness and obligations of Obligor to Caterpillar Financial which Obligor now owes Caterpillar Financial or which Obligor shall at any time or from time to time hereafter owe Caterpillar Financial when the same same, shall become due in connection with or arising out of that certain INSTALLMENT SALE CONTRACT FINANCE LEASE by and between Obligor and Caterpillar Financial dated JANUARY 1, 2002SEP 3 1999, including any and all existing and future additional schedules, amendments and/or related agreements thereto (the "Contract"), whether direct or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, or by open account or otherwise, and whether representing rentals, principal, interest and/or late charges or other charges of an original balance, an accelerated balance, a balance reduced by part payment or a deficiency after sale of collateral or otherwise and (b) undertake and guarantee to pay on demand and indemnify Caterpillar Financial against all liabilities, losses losses, costs, attorney's fees, and expenses which may be suffered by Caterpillar Financial by reason of Obligor's default or default of the Guarantor (with all of Obligor's indebtedness and/or obligations as stated above (including all costs, fees and expenses (expenses) being hereinafter individually and collectively referred to under this Guaranty as Obligor's "Indebtedness", which Indebtedness indebtedness shall be conclusively presumed to have been created in reliance upon this Guaranty).

Appears in 1 contract

Samples: Meadow Valley Corp

Guaranty of Obligor's Indebtedness. Guarantor hereby absolutely, ------------------------------------------------- --------------------------------------------- irrevocably and unconditionally agrees to, and by these presents does hereby: (a) guarantee the prompt and punctual payment, performance and satisfaction of all present and future indebtedness and obligations of Obligor to Caterpillar Financial Seller which Obligor now owes Caterpillar Financial Seller or which Obligor shall at any time or from time to time hereafter owe Caterpillar Financial Seller when the same shall become due in connection with or arising out of that certain INSTALLMENT SALE SALES CONTRACT by and between Obligor and Caterpillar Financial Seller dated JANUARY 1, 200212/1/99, including any and all existing and future additional schedules, amendments and/or related agreements thereto (the "Contract"), whether direct or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, or by open account or otherwise, and whether representing rentals, principal, interest and/or late charges or other charges of an original balance, an accelerated balance, a balance reduced by part payment or a deficiency after sale of collateral or otherwise and (b) undertake and guarantee to pay on demand and indemnify Caterpillar Financial Seller against all liabilities, losses losses, costs, attorney's fees, and expenses which may be suffered by Caterpillar Financial Seller by reason of Obligor's default or default of the Guarantor (with all of Obligor's indebtedness and/or obligations as stated above (including all costs, fees and expenses (expenses) being hereinafter individually and collectively referred to under this Guaranty as Obligor's "Indebtedness", which Indebtedness shall be conclusively presumed to have been created in reliance upon this Guaranty).

Appears in 1 contract

Samples: Installment Sale Contract (Meadow Valley Corp)

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