Common use of Guaranty of Performance of Guaranteed Obligations Clause in Contracts

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator to Recipient, the Agents or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator to Recipient, the Agents Administrator, any Purchaser Agent or the Lenders any Purchaser from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Administrator, any Purchaser Agent or any Lender Purchaser in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator and AWNA of its their respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator and AWNA under the Agreements and each other document executed and delivered by any Originator or AWNA pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator or AWNA to Recipient, the Agents or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender Recipient in favor of any Originator Originator, AWNA or any other Person or other means of obtaining payment. Should any Originator or AWNA default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator or AWNA results from Receivables being late, delinquent or uncollectible on account of the insolvency, bankruptcy bankruptcy, payment behavior or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator or AWNA from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any each Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator to Recipient, the Agents Administrator, any Purchaser Agent or the Lenders any Purchaser from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Administrator, any Purchaser Agent or any Lender Purchaser in favor of any such Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator and the Initial Servicers of its their respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator or either Initial Servicer, as the case may be, to Recipient, the Agents Agent or the Lenders Blue Ridge from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender Blue Ridge in favor of any Originator Originator, either of the Initial Servicers or any other Person or other means of obtaining payment. Should any Originator or either of the Initial Servicers default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any such payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the payment or collection of any of the Receivables or the Loans, and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator or either of the Initial Servicers results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator or either of the Initial Servicers from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of the Subsidiary Companies of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator of the Subsidiary Companies to Recipient, the Agents or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender in favor of any Originator of the Subsidiary Companies or any other Person or other means of obtaining payment. Should any Originator of the Subsidiary Companies default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Private Receivables or Participation Interests, and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator of the Subsidiary Companies results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator of the Subsidiary Companies from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any either Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any either Originator to Recipient, the Agents Agent or the Lenders Blue Ridge from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender Blue Ridge in favor of any either Originator or any other Person or other means of obtaining payment. Should any either Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the payment or collection of any of the Receivables or the Loans, and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any either Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any either Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator and ECM of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator or ECM to Recipient, the Agents Agent or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender in favor of any Originator Originator, ECM or any other Person or other means of obtaining payment. Should any Originator or ECM default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator or ECM results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that PROVIDED THAT nothing herein shall relieve any Originator or ECM from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. The Performance Guarantor hereby guarantees to Recipient, Recipient the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator to Recipient, the Agents or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by the Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by the Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and the Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or the Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each the Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each the Originator under the Agreements and each other document executed and delivered by any the Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any the Originator to Recipient, the Agents Administrative Agent or the Lenders Purchaser from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Administrative Agent or any Lender the Purchaser in favor of any the Originator or any other Person or other means of obtaining payment. Should any the Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment of Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any the Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any the Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator and the Initial Servicer of its their respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator or either Initial Servicer, as the case may be, to Recipient, the Agents Agent or the Lenders VFCC from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender VFCC in favor of any Originator Originator, the Initial Servicer or any other Person or other means of obtaining payment. Should any Originator or the Initial Servicer default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any such payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the payment or collection of any of the Receivables or the Loans, and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator or the Initial Servicer results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator or the Initial Servicer from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor Provider hereby guarantees to Recipient, the full and punctual payment and performance by each Originator Existing Owner of its respective the Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all of the Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by Existing Owner to any Originator to Recipient, the Agents or the Lenders Person from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender Person in favor of any Originator Existing Owner or any other Person or other means of obtaining payment. Should any Originator Existing Owner default in the payment or performance of any of its the Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor Provider of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein)nature, all of which are hereby expressly waived by Performance GuarantorProvider. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvencyReceivables; provided, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator Existing Owner from performing in full its Guaranteed Obligations under the Agreements Sale and Assignment Agreement or Performance Guarantor Provider of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Section 2.1. The Performance Guarantor hereby guarantees to RecipientBeneficiary, the full and punctual payment and performance by each Originator the Originators of its their respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance by the Originators of all the Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient Beneficiary first attempt to collect any amounts owing by any Originator to RecipientBeneficiary, any of the Agents Administrator or the Lenders Lender from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of RecipientBeneficiary, any of the Agents Administrator or any the Lender in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient Beneficiary (or its assigns) may cause the immediate performance by the Performance Guarantor of the such Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient Beneficiary (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by the Performance Guarantor. Section 2.2. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and the Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any the applicable Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements Receivables Contribution and Sale Agreement or the Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each the Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each the Originator under the Agreements and each other document executed and delivered by any the Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any the Originator to Recipient, the Agents Banks, the Purchasers, the Administrative Agent or the Lenders Purchaser Agents from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Banks, the Purchasers, the Administrative Agent or the Purchaser Agents or any Lender in favor of any the Originator or any other Person or other means of obtaining payment. Should any the Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable by Performance Guarantor to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any the Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any the Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of Tenneco Operating and Pullman of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator of Tenneco Operating and Pullman under the Agreements to which it is a party and each other document executed and delivered by any Originator Tenneco Operating or Pullman pursuant to the such Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator Tenneco Operating or Pullman to Recipient, the Agents Agents, the Second Lien Agent, the Purchasers or the Lenders Second Lien Purchasers from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, any Agent, the Agents Second Lien Agent, any Purchaser or any Lender Second Lien Purchaser in favor of any Originator Tenneco Operating or Pullman or any other Person or other means of obtaining payment. Should any Originator Tenneco Operating or Pullman default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator Tenneco Operating or Pullman results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator Tenneco Operating or Pullman from performing in full its Guaranteed Obligations under the Agreements to which it is a party or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each the Originator and the Seller of its their respective Guaranteed Obligations. This Undertaking Guarantee is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each the Originator and the Seller under the Agreements and each other document executed and delivered by any the Originator or the Seller pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any the Originator to the Seller or by the Seller to Recipient, the Agents Agent or the Lenders any Investor from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender Investor in favor of any the Originator or the Seller or any other Person or other means of obtaining payment. Should any the Originator or the Seller default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking Guarantee is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any the Originator or the Seller results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any the Originator or the Seller from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking Guarantee hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator LX Xxxx of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator LX Xxxx under the Agreements and each other document executed and delivered by any Originator LX Xxxx pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator LX Xxxx to Recipient, the Agents Administrative Agent, the Committed Banks or the Lenders Lender from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Administrative Agent, the Committed Banks or any the Lender in favor of any Originator LX Xxxx or any other Person or other means of obtaining payment. Should any Originator LX Xxxx default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator LX Xxxx results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator LX Xxxx from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of the Subsidiary Originators of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements Sale Agreement, and each other document executed and delivered by any Originator of the Subsidiary Originators pursuant to the Agreements Sale Agreement and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator the Subsidiary Originators to Recipient, the Agents Agent or the Lenders any Purchaser from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender Purchaser in favor of any Originator of the Subsidiary Originators or any other Person or other means of obtaining payment. Should any Originator of the Subsidiary Originators default in the payment or performance of any of its Guaranteed Obligations, Recipient (or the Agent as its assignscollateral assignee) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment of Guaranteed Obligations to become forthwith due and payable to Recipient (or the Agent as its assigns)collateral assignee) by Performance Guarantor, without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and the Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any the related Subsidiary Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of Tenneco Operating and Pullman of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator of Tenneco Operating and Pullman under the Agreements to which it is a party and each other document executed and delivered by any Originator Tenneco Operating or Pullman pursuant to the such Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator Tenneco Operating or Pullman to Recipient, the Agents Agents, the Second Lien Agent, the Purchasers or the Lenders Second Lien Purchasers from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, any Agent, the Agents Second Lien Agent, any Purchaser or any Lender Second Lien Purchaser in favor of any Originator Tenneco Operating or Pullman or any other Person or other means of obtaining payment. Should any Originator Tenneco Operating or Pullman default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator Tenneco Operating or Pullman results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator Tenneco Operating or Xxxxxxx from performing in full its Guaranteed Obligations under the Agreements to which it is a party or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Subsidiary Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Subsidiary Originator under the Agreements applicable Sale Agreement and each other document executed and delivered by any Subsidiary Originator pursuant to the Agreements thereto and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Subsidiary Originator to Recipient, the Agents Agent or the Lenders Blue Ridge from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender Blue Ridge in favor of any Subsidiary Originator or any other Person or other means of obtaining payment. Should any Subsidiary Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Subsidiary Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Subsidiary Originator from performing in full its Guaranteed Obligations under the Agreements applicable Sale Agreement or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of the Originators of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements Sale Agreement, and each other document executed and delivered by any Originator of the Originators pursuant to the Agreements Sale Agreement and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator the Originators to Recipient, any of the Agents or the Lenders any Purchaser from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, any of the Agents or any Lender Purchaser in favor of any Originator of the Originators or any other Person or other means of obtaining payment. Should any Originator of the Originators default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its permitted assigns) may may, upon written demand, cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment of Guaranteed Obligations to become forthwith due and payable to Recipient (or its permitted assigns)) by Performance Guarantor, without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, in no event shall this Undertaking is not be deemed to constitute a guarantee guaranty of collectibility of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such dutiesReceivables.

Guaranty of Performance of Guaranteed Obligations. Performance ------------------------- ---------------------- Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective the Guaranteed ObligationsObligations incurred prior to the earlier of (i) the time such Servicing Agreement is terminated or (ii) the time Mohawk Servicing or an Affiliate thereof is no longer the Servicer under the Servicing Agreement. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements Mohawk Servicing and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator Mohawk Servicing to Recipient, the Agents Agent or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender in favor of any Originator Mohawk Servicing or any other Person or other means of obtaining payment. Should any Originator Mohawk Servicing default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns)Recipient, without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator to Recipient, the Agents Agent or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of the Subsidiary Originators of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by from any Subsidiary Originator to Recipient, under the Agents Guaranteed Obligations or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender Recipient in favor of any Subsidiary Originator or any other Person or other means of obtaining paymentpayment or performance. Should any Subsidiary Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause demand the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Obligations, whereupon the Guaranteed Obligations to will become forthwith due and payable to Recipient (or its assigns)Recipient, without additional demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator of the Subsidiary Originators results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that PROVIDED THAT nothing herein shall relieve any Subsidiary Originator from performing in full its Guaranteed Obligations under the Agreements Purchase Agreement or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator Seller of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator Seller under the Agreements Agreement and each other document executed and delivered by any Originator Seller pursuant to the Agreements Agreement and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator Seller to Recipient, the Agents or the Lenders from any other Person Recipient or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender Recipient in favor of any Originator Seller or any other Person or other means of obtaining payment. Should any Originator Seller default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding anything to the foregoingcontrary contained in this Undertaking, this Undertaking the obligations of Performance Guarantor hereunder in respect of Recipient are expressly limited to the Guaranteed Obligations. It is expressly acknowledged and agreed that the Guaranteed Obligations do not a guarantee of include the collection payment of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations amounts to the extent the failure they constitute recourse with respect to perform such Guaranteed Obligations any Debt or otherwise by any Originator results from Receivables being uncollectible on account reason of the bankruptcy or insolvency, bankruptcy or lack of creditworthiness the financial or credit condition or financial default, of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Debtor. The obligations of Performance Guarantor hereunder shall rank pari passu with senior unsecured debt of its undertaking hereunder with respect to the full performance of such dutiesPerformance Guarantor.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Subsidiary Originator and Wolverine Finance of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Subsidiary Originator or Wolverine Finance, as applicable, to Recipient, the Agents Agent, Wachovia or the Lenders any other Purchaser from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent, Wachovia or any Lender other Purchaser in favor of any Originator Subsidiary Originator, Wolverine Finance or any other Person or other means of obtaining payment. Should any Subsidiary Originator or Wolverine Finance default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Subsidiary Originator or Wolverine Finance results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Subsidiary Originator or Wolverine Finance from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to RecipientBuyer, the full and punctual payment and performance by each Wabash National Corporation, NOAMTC, Inc., Wabash National, L.P. and WNC Receivables, LLC Receivables Sale and Contribution Agreement Originator and each Servicer that is a Subsidiary or an Affiliate of Performance Guarantor (each, an "Affiliated Servicer") of its respective Guaranteed Obligations. This Undertaking The undertaking embodied in this Article VIII (this "Undertaking") is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under this Agreement or the Agreements Purchase Agreement, as applicable, and each other document executed and delivered by any Originator either of the Originators or Affiliated Servicer pursuant to the Agreements such agreements, as applicable, and is in no way conditioned upon any requirement that Recipient Buyer first attempt to collect any amounts owing by any Originator the Originators or Affiliated Servicer to RecipientBuyer, the Agents Agent or the Lenders Purchasers from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of RecipientBuyer, the Agents Agent or any Lender the Purchasers in favor of any Originator either of the Originators or Affiliated Servicer or any other Person or other means of obtaining payment. Should any Originator either of the Originators or Affiliated Servicer default in the payment or performance of any of its Guaranteed Obligations, Recipient Buyer (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment of Guaranteed Obligations to become forthwith due and payable to Recipient Buyer (or its assigns)) by Performance Guarantor, without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator either of the Originators or Affiliated Servicer results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator either of the Originators or Affiliated Servicer from performing in full its Guaranteed Obligations under the Agreements Related Documents to which it is a party or Performance Guarantor of its undertaking Undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. 2.1. Performance Guarantor hereby guarantees to RecipientBeneficiary, the full and punctual payment and performance by each Originator BAI of its respective the Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance by BAI of all the Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient Beneficiary first attempt to collect any amounts owing by BAI to Beneficiary, any Originator to Recipientof the Agents, the Agents LC Issuers or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of RecipientBeneficiary, any of the Agents Agents, LC Issuers or any Lender Lenders in favor of any Originator BAI or any other Person or other means of obtaining payment. Should any Originator BAI default in the payment or performance of any of its Guaranteed Obligations, Recipient Beneficiary (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient Beneficiary (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. 2.2. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator BAI results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator BAI from performing in full its Guaranteed Obligations under the Agreements Receivables Sale Agreement or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective the Guaranteed ObligationsObligations incurred prior to the earlier of (i) the time such Servicing Agreement is terminated or (ii) the time Mohawk Servicing or an Affiliate thereof is no longer the Servicer under the Servicing Agreement. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements Mohawk Servicing and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator Mohawk Servicing to Recipient, the Agents or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender in favor of any Originator Mohawk Servicing or any other Person or other means of obtaining payment. Should any Originator Mohawk Servicing default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns)Recipient, without demand or notice of any nature (other than as expressly provided hereinherein or in any other Transaction Document), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Subsidiary Originator and Wolverine Finance of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Subsidiary Originator or Wolverine Finance, as applicable, to Recipient, the Agents Agent, Wachovia, Blue Ridge or the Lenders any other Purchaser from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent, Wachovia, Blue Ridge Blue Ridge or any Lender other Purchaser in favor of any Originator Subsidiary Originator, Wolverine Finance or any other Person or other means of obtaining payment. Should any Subsidiary Originator or Wolverine Finance default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Subsidiary Originator or Wolverine Finance results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that PROVIDED THAT nothing herein shall relieve any Subsidiary Originator or Wolverine Finance from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor Parent hereby guarantees to RecipientBuyer, the full and punctual payment and performance by each Originator Affiliated Party of its respective Guaranteed Obligations. This Undertaking The undertaking embodied in this Article VIII (this "Undertaking") is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under this Agreement or the Agreements Purchase Agreement, as applicable, and each other document executed and delivered by any Originator Affiliated Party pursuant to the Agreements such agreements, as applicable, and is in no way conditioned upon any requirement that Recipient Buyer first attempt to collect any amounts owing by any Originator Affiliated Party to RecipientBuyer, the Agents Administrative Agent or the Lenders Purchaser from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of RecipientBuyer, the Agents Administrative Agent or any Lender the Purchaser in favor of any Originator Affiliated Party or any other Person or other means of obtaining payment. Should any Originator Affiliated Party default in the payment or performance of any of its Guaranteed Obligations, Recipient Buyer (or its assigns) may cause the immediate performance by Performance Guarantor Parent of the such Guaranteed Obligations and cause any payment of Guaranteed Obligations to become forthwith due and payable to Recipient Buyer (or its assigns)) by Parent, without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance GuarantorParent. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor Parent shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator Affiliated Party results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator Affiliated Party from performing A. M. Castle & Co., Total Plastics, Inc., Xxxxxx Steel Plate Co., and Keystone Tube Company, LLC Receivables Sale and Contribution Agreement in full its Guaranteed Obligations under the Agreements Related Documents to which it is a party or Performance Guarantor Parent of its undertaking Undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of the Subsidiary Originators of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by from any Subsidiary Originator to Recipient, under the Agents Guaranteed Obligations or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender Recipient in favor of any Subsidiary Originator or any other Person or other means of obtaining paymentpayment or performance. Should any Subsidiary Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause demand the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Obligations, whereupon the Guaranteed Obligations to will become forthwith due and payable to Recipient (or its assigns)Recipient, without additional demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator of the Subsidiary Originators results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Subsidiary Originator from performing in full its Guaranteed Obligations under the Agreements Purchase Agreement or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Each Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of the Originators of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator of the Originators under the Agreements and each other document executed and delivered by any Originator of the Originators pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator of the Originators to Recipient, the Agents or the Lenders Purchasers from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender Purchaser in favor of any Originator of the Originators or any other Person or other means of obtaining payment. Should any Originator of the Originators default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by any and all of the Performance Guarantor Guarantors of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by each Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and no Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator of the Originators results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator of the Originators from performing in full its Guaranteed Obligations under the Agreements or any Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Subsidiary Originator and Wolverine Finance of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Subsidiary Originator or Wolverine Finance, as applicable, to Recipient, the Agents Agent, Wachovia, VFCC or the Lenders any other Purchaser from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent, Wachovia, VFCC or any Lender other Purchaser in favor of any Originator Subsidiary Originator, Wolverine Finance or any other Person or other means of obtaining payment. Should any Subsidiary Originator or Wolverine Finance default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Subsidiary Originator or Wolverine Finance results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that PROVIDED THAT nothing herein shall relieve any Subsidiary Originator or Wolverine Finance from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator to Recipient, the Agents Purchasers or the Lenders Purchaser Agents from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Purchasers or the Purchaser Agents or any Lender in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. 2.1. Performance Guarantor hereby guarantees to RecipientBeneficiary, the full and punctual payment and performance by each Originator the Subsidiary Sellers of its their respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance by the Subsidiary Sellers of all the Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient Beneficiary first attempt to collect any amounts owing by any Originator Subsidiary Seller to RecipientBeneficiary, any of the Agents or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of RecipientBeneficiary, any of the Agents or any Lender Lenders in favor of any Originator Subsidiary Seller or any other Person or other means of obtaining payment. Should any Originator Subsidiary Seller default in the payment or performance of any of its Guaranteed Obligations, Recipient Beneficiary (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient Beneficiary (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. 2.2. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator the applicable Subsidiary Seller results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator Subsidiary Seller from performing in full its Guaranteed Obligations under the Agreements Receivables Sale Agreement or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator to Recipient, the Agents or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that PROVIDED THAT nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective the Guaranteed ObligationsObligations until such time as the Performance Guarantor’s obligations are terminated in accordance with Section 8 hereof. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by Mohawk Servicing, any Originator or Mohawk Resources to Recipient, the Agents or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender in favor of Mohawk Servicing, any Originator Originator, Mohawk Resources or any other Person or other means of obtaining payment. Should Mohawk Servicing, any Originator or Mohawk Resources default in the payment or performance of any of its respective Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the applicable Guaranteed Obligations and cause any payment Guaranteed Obligations Obligation to become forthwith due and payable to Recipient (or its assigns)Recipient, without demand or notice of any nature (other than as expressly provided hereinherein or in any other Transaction Document), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvencyan Event of Bankruptcy with respect to, bankruptcy or lack of creditworthiness of of, the related Obligor; provided that nothing herein shall relieve any Originator of the Originators, Mohawk Servicing or Mohawk Resources from performing in full its Guaranteed Obligations under the Agreements or the Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. 2.1. The Performance Guarantor hereby guarantees to RecipientBeneficiary, the full and punctual payment and performance by each Originator the Originators of its their respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance by the Originators of all the Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient Beneficiary first attempt to collect any amounts owing by any Originator to RecipientBeneficiary, any of the Agents Administrator or the Lenders Lender from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of RecipientBeneficiary, any of the Agents Administrator or any the Lender in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient Beneficiary (or its assigns) may cause the immediate performance by the Performance Guarantor of the such Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient Beneficiary (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by the Performance Guarantor. 2.2. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and the Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any the applicable Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements Receivables Contribution and Sale Agreement or the Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of Tenneco Operating and Pullman of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator of Tenneco Operating and Pullman under the Agreements to which it is a party and each other document executed and delivered by any Originator Tenneco Operating or Pullman pursuant to the such Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator Tenneco Operating or Pullman to Recipient, the Agents or the Lenders Purchasers from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents any Agent or any Lender Purchaser in favor of any Originator Tenneco Operating or Pullman or any other Person or other means of obtaining payment. Should any Originator Tenneco Operating or Pullman default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator Tenneco Operating or Pullman results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator Tenneco Operating or Pullman from performing in full its Guaranteed Obligations under the Agreements to which it is a party or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements Sale Agreement and each other document executed and delivered by any Originator pursuant to the Agreements Sale Agreement and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator to Recipient, the Agents Agent or the Lenders Blue Ridge from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender Blue Ridge in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that PROVIDED THAT nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements Sale Agreement or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements Sale Agreement and each other document executed and delivered by any Originator pursuant to the Agreements Sale Agreement and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator to Recipient, the Agents Agent or the Lenders Blue Ridge from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents Agent or any Lender Blue Ridge in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed ObligationsObligations and such default shall remain uncured after the passage of all applicable grace periods provided for in the Sale Agreement, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (to Performance Guarantor or other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that PROVIDED THAT nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. The Performance Guarantor Guarantors hereby guarantees jointly and severally guaranty to Recipient, the full and punctual payment and performance by each Originator of its respective Guaranteed Obligations. This Undertaking is an absolute, unconditional and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator to Recipient, the Agents or the Lenders from any other Person or resort to any collateral security, any balance of any deposit account or credit on the books of Recipient, the Agents or any Lender in favor of any Originator or any other Person or other means of obtaining payment. Should any Originator default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by the Performance Guarantor Guarantors of the Guaranteed Obligations and cause any payment Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by each Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the collection of any of the Receivables and neither Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator results from Receivables being uncollectible on account of the insolvency, bankruptcy or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator from performing in full its Guaranteed Obligations under the Agreements or either Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.

Guaranty of Performance of Guaranteed Obligations. Performance Guarantor hereby guarantees to Recipient, the full and punctual payment and performance by each Originator and the Initial Servicer of its their respective Guaranteed Obligations. This Undertaking is an absolute, unconditional unconditional, and continuing guaranty of the full and punctual performance of all Guaranteed Obligations of each Originator under the Agreements and each other document executed and delivered by any Originator pursuant to the Agreements and is in no way conditioned upon any requirement that Recipient first attempt to collect any amounts owing by any Originator or either Initial Servicer, as the case may be, to Recipient, the Agents Administrative Agent, or the Lenders any Lender from any other Person or resort to any collateral security, any balance of any deposit account account, or credit on the books of Recipient, the Agents Administrative Agent, or any Lender in favor of any Originator Originator, the Initial Servicer, or any other Person or other means of obtaining payment. Should any Originator or the Initial Servicer default in the payment or performance of any of its Guaranteed Obligations, Recipient (or its assigns) may cause the immediate performance by Performance Guarantor of the such Guaranteed Obligations and cause any such payment of Guaranteed Obligations to become forthwith due and payable to Recipient (or its assigns), without demand or notice of any nature (other than as expressly provided herein), all of which are hereby expressly waived by Performance Guarantor. Notwithstanding the foregoing, this Undertaking is not a guarantee of the payment or collection of any of the Receivables or the Loans, and Performance Guarantor shall not be responsible for any Guaranteed Obligations to the extent the failure to perform such Guaranteed Obligations by any Originator or the Initial Servicer results from Receivables being uncollectible on account of the insolvency, bankruptcy bankruptcy, or lack of creditworthiness of the related Obligor; provided that nothing herein shall relieve any Originator or the Initial Servicer from performing in full its Guaranteed Obligations under the Agreements or Performance Guarantor of its undertaking hereunder with respect to the full performance of such duties.