Common use of Guaranty of Payment and Performance Clause in Contracts

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Secured Party the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance, of all liabilities, agreements and other obligations of the Borrower to the Secured Party, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (whether by way of discount, letter of credit, lease, loan, overdraft or otherwise), including without limitation all obligations under the Amended Note and the other Loan Documents (collectively, the "Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Obligations and not of their collectability only and is in no way conditioned upon any requirement that the Secured Party first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining their payment. Should the Borrower default in the payment or performance of any of the Obligations, the obligations of the Guarantor hereunder shall become immediately due and payable to the Secured Party, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Secured Party on any number of occasions.

Appears in 9 contracts

Samples: Security Agreement (Cellceutix CORP), Guaranty (Cellceutix CORP), Guaranty (Cellceutix CORP)

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Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Secured Party the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance, of all liabilities, agreements and other obligations of the Borrower to the Secured Party, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (whether by way of discount, letter of credit, lease, loan, overdraft or otherwise), including without limitation all obligations under the Amended Note and the other Loan Documents (collectively, the "Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Obligations and not of their collectability collectibility only and is in no way conditioned upon any requirement that the Secured Party first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining their payment. Should the Borrower default in the payment or performance of any of the Obligations, the obligations of the Guarantor hereunder shall become immediately due and payable to the Secured Party, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Secured Party on any number of occasions.

Appears in 2 contracts

Samples: Guaranty (EconoShare, Inc.), Guaranty (EconoShare, Inc.)

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Secured Party Parties the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance, of all liabilities, agreements and other obligations of the Borrower to the Secured PartyParties, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (whether by way of discount, letter of credit, lease, loan, overdraft or otherwise), including without limitation all obligations under the Amended Note and the other Loan Documents (collectively, the "Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Obligations and not of their collectability collectibility only and is in no way conditioned upon any requirement that the Secured Party Parties first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining their payment. Should the Borrower default in the payment or performance of any of the Obligations, the obligations of the Guarantor hereunder shall become immediately due and payable to the Secured PartyParties, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Secured Party Parties on any number of occasions.

Appears in 2 contracts

Samples: Guaranty (Duska Therapeutics, Inc.), Guaranty (Urigen Pharmaceuticals, Inc.)

Guaranty of Payment and Performance. The Guarantor hereby guarantees to the Secured Party Parties the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance, of all liabilities, agreements and other obligations of the Borrower to the Secured PartyParties, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (whether by way of discount, letter of credit, lease, loan, overdraft or otherwise), including without limitation all obligations under the Amended Note and the other Loan Documents (collectively, the "Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Obligations and not of their collectability collectibility only and is in no way conditioned upon any requirement that the Secured Party Parties first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining their payment. Should the Borrower default in the payment or performance of any of the Obligations, the obligations of the Guarantor hereunder shall become immediately due and payable to the Secured PartyParties, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Secured Party Parties on any number of occasions.

Appears in 2 contracts

Samples: Guaranty (Echo Therapeutics, Inc.), Guaranty (Echo Therapeutics, Inc.)

Guaranty of Payment and Performance. The Guarantor Guarantors hereby guarantees jointly and severally guarantee to the Secured Party the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance, of all liabilities, agreements and other obligations of the Borrower to the Secured Party, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (whether by way of discount, letter of credit, lease, loan, overdraft or otherwise), including without limitation all obligations under the Amended Note and the other Loan Documents Notes (collectively, the "Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Obligations and not of their collectability collectbility only and is in no way conditioned upon any requirement that the Secured Party first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining their payment. Should the Borrower default in the payment or performance of any of the Obligations, the obligations of the each Guarantor hereunder shall become immediately due and payable to the Secured Party, without demand or notice of any nature, all of which are expressly waived by the each Guarantor. Payments by the each Guarantor hereunder may be required by the Secured Party on any number of occasions.

Appears in 1 contract

Samples: Guaranty (Princeton Acquisitions Inc)

Guaranty of Payment and Performance. The Guarantor Guarantors hereby guarantees jointly and severally guarantee to the Secured Party the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance, of all liabilities, agreements and other obligations of the Borrower to the Secured Party, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (whether by way of discount, letter of credit, lease, loan, overdraft or otherwise), including without limitation all obligations under the Amended Note and the other Loan Documents (collectively, the "Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Obligations and not of their collectability collectibility only and is in no way conditioned upon any requirement that the Secured Party first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining their payment. Should the Borrower default in the payment or performance of any of the Obligations, the obligations of the each Guarantor hereunder shall become immediately due and payable to the Secured Party, without demand or notice of any nature, all of which are expressly waived by the each Guarantor. Payments by the each Guarantor hereunder may be required by the Secured Party on any number of occasions.

Appears in 1 contract

Samples: Guaranty (Environmental Service Professionals, Inc.)

Guaranty of Payment and Performance. The Guarantor Subject to the limitations described in Paragraph 4, the Guarantors hereby guarantees jointly and severally guarantee to the Secured Party Parties the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance, of all liabilities, agreements and other obligations of the Borrower to the Secured PartyParties, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (whether by way of discount, letter of credit, lease, loan, overdraft or otherwise), including without limitation all obligations under the Amended Note and the other Loan Documents (collectively, the "Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Obligations and not of their collectability collectibility only and is in no way conditioned upon any requirement that the Secured Party Parties first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining their payment. Should the Borrower default in the payment or performance of any of the Obligations, the obligations of the each Guarantor hereunder shall become immediately due and payable to the Secured PartyParties, without demand or notice of any nature, all of which are expressly waived by the each Guarantor. Payments by the each Guarantor hereunder may be required by the Secured Party Parties on any number of occasions.

Appears in 1 contract

Samples: Guaranty (Global Green Solutions Inc.)

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Guaranty of Payment and Performance. The Guarantor Guarantors hereby guarantees jointly and severally guarantee to the Secured Party the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance, of all liabilities, agreements and other obligations of the Borrower to the Secured Party, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (whether by way of discount, letter of credit, lease, loan, overdraft or otherwise), including without limitation all obligations under the Amended Note and the other Loan Documents (collectively, the "Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Obligations and not of their collectability collectibility only and is in no way conditioned upon any requirement that the Secured Party first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining their payment. Should the Borrower default in the payment or performance of any of the Obligations, the obligations of the each Guarantor hereunder shall become immediately due and payable to the Secured Party, without demand or notice of any nature, all of which are expressly waived by the each Guarantor. Payments by the each Guarantor hereunder may be required by the Secured Party on any number of occasions.

Appears in 1 contract

Samples: Guaranty (Wits Basin Precious Minerals Inc)

Guaranty of Payment and Performance. The Guarantor hereby irrevocably and unconditionally guarantees to the Secured Party Investors the full and punctual payment when due (whether at maturity, by acceleration or otherwise and whether for principal, interest, fees, expenses or otherwise), and the performance, of all liabilities, agreements and other obligations of the Borrower to the Secured PartyInvestors under the Notes, in each case, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (whether by way of discount, letter of credit, lease, loan, overdraft or otherwise), including without limitation all liabilities and obligations of the Borrower due or become due, or that are now or may be hereafter contracted or acquired or owing of the Borrower to the Investors under the Amended Note and the other Loan Documents Notes (collectively, the "“Guarantied Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Guarantied Obligations and not of their collectability collectibility only and is in no way conditioned upon any requirement that the Secured Party Investors first attempt to collect any of the Guarantied Obligations from the Borrower or resort to any security or other means of obtaining their payment. Should the Borrower default in the payment or performance of any of the Guarantied Obligations, the obligations of the Guarantor hereunder shall become immediately due and payable to the Secured PartyInvestor, without demand or notice of any nature, all of which are expressly waived by the Guarantor. Payments by the Guarantor hereunder may be required by the Secured Party Investors on any number of occasions.

Appears in 1 contract

Samples: Guaranty (First Blush Brands, Inc.)

Guaranty of Payment and Performance. The Guarantor Guarantors hereby guarantees jointly and severally guarantee to the Secured Party the full and punctual payment when due (whether at maturity, by acceleration or otherwise), and the performance, of all liabilities, agreements and other obligations of the Borrower to the Secured Party, whether direct or indirect, absolute or contingent, due or to become due, secured or unsecured, now existing or hereafter arising or acquired (whether by way of discount, letter of credit, lease, loan, overdraft or otherwise), under the Loan Documents, including without limitation all obligations under the Amended Note and the other Loan Documents (collectively, the "Obligations"). This Guaranty is an absolute, unconditional and continuing guaranty of the full and punctual payment and performance of the Obligations and not of their collectability collectibility only and is in no way conditioned upon any requirement that the Secured Party first attempt to collect any of the Obligations from the Borrower or resort to any security or other means of obtaining their payment. Should the Borrower default in the payment or performance of any of the Obligations, the obligations of the each Guarantor hereunder shall become immediately due and payable to the Secured Party, without demand or upon written notice of any nature, all of which are expressly waived to each Guarantor by the GuarantorSecured Party. Payments by the each Guarantor hereunder may be required by the Secured Party on any number of occasions. The Obligations of the Guarantors hereunder are secured by the Security Agreement, dated on or about the date hereof, among the Borrower, the Secured Party and the Guarantors.

Appears in 1 contract

Samples: Guaranty (Voyant International CORP)

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