Common use of GUARANTY OF PAYMENT, INDEPENDENTLY ENFORCEABLE Clause in Contracts

GUARANTY OF PAYMENT, INDEPENDENTLY ENFORCEABLE. Each Guarantor (a) guarantees that the Guaranteed Obligations will be paid in accordance with the terms of the Credit Agreement and the other Loan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights and claims of any Holder of Guaranteed Obligations against the Borrower or any other Guarantor with respect thereto and even if any such rights or claims are modified, reduced or discharged in any bankruptcy case or insolvency or liquidation proceeding or otherwise and (b) agrees that such guaranty is a guaranty of payment when due and not of collectibility. The obligations of each Guarantor under this Agreement are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against each Guarantor to enforce this Agreement, whether or not any action is brought against the Borrower or any other Guarantor and whether or not the Borrower or any other Guarantor is joined in any such action or actions.

Appears in 3 contracts

Samples: Guaranty, Indemnity and Subordination Agreement (Liberty Group Operating Inc), Guaranty, Indemnity and Subordination Agreement (D&f Industries Inc), Guaranty, Indemnity and Subordination Agreement (Liberty Group Publishing Inc)

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GUARANTY OF PAYMENT, INDEPENDENTLY ENFORCEABLE. Each Guarantor (a) guarantees that the Guaranteed Obligations will be paid in accordance with the terms of the Credit this Agreement and the other Loan Note Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights and claims of any Holder holder of Guaranteed Obligations against the Borrower or any other Guarantor with respect thereto and even if any such rights or claims are modified, reduced or discharged in any bankruptcy case or insolvency insolvency, reorganization, receivership, dissolution or liquidation proceeding or otherwise and (b) agrees that such guaranty is a guaranty of payment when due and not of collectibility. The obligations of each Guarantor under this Agreement are independent of the Guaranteed Obligations, and a separate action actions or actions may be brought and prosecuted against each Guarantor to enforce this Agreement, whether or not any action is brought against the Borrower or any other Guarantor and whether or not the Borrower or any other Guarantor is joined in any such action or actions.

Appears in 1 contract

Samples: Senior Secured Note Agreement (Starwood Hotel & Resorts Worldwide Inc)

GUARANTY OF PAYMENT, INDEPENDENTLY ENFORCEABLE. Each The Guarantor (a) guarantees that the Guaranteed Obligations will be paid in accordance with the terms of the Credit Agreement and the other Loan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights and claims of any Holder of Guaranteed Obligations against the Borrower or any other Guarantor with respect thereto and even if any such rights or claims are modified, reduced or discharged in any bankruptcy case or insolvency or liquidation proceeding or otherwise and (b) agrees that such guaranty is a guaranty of payment when due and not of collectibility. The obligations of each the Guarantor under this Agreement are independent of the Guaranteed Obligations, and a separate action or actions may be brought and prosecuted against each the Guarantor to enforce this Agreement, whether or not any action is brought against the Borrower or any other Guarantor guarantor liable for any of the Guaranteed Obligations and whether or not the Borrower or any other Guarantor guarantor liable for any of the Guaranteed Obligations is joined in any such action or actions.

Appears in 1 contract

Samples: Credit Agreement (Usi Holdings Corp)

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GUARANTY OF PAYMENT, INDEPENDENTLY ENFORCEABLE. Each Guarantor (a) guarantees that the Guaranteed Obligations will be paid in accordance with the terms of the Credit this Agreement and the other Loan Note Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights and claims of any Holder holder of Guaranteed Obligations against the Borrower or any other Guarantor with respect thereto and even if any such rights or claims are modified, reduced or discharged in any bankruptcy case or insolvency insolvency, reorganization, receivership, dissolution or liquidation proceeding or otherwise and (b) agrees that such guaranty is a guaranty of payment when due and not of collectibility. The obligations of each Guarantor under this Agreement are independent of the 66 Guaranteed Obligations, and a separate action actions or actions may be brought and prosecuted against each Guarantor to enforce this Agreement, whether or not any action is brought against the Borrower or any other Guarantor and whether or not the Borrower or any other Guarantor is joined in any such action or actions.

Appears in 1 contract

Samples: Senior Secured Note Agreement (Starwood Hotels & Resorts)

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