Common use of Guaranty to be Absolute Clause in Contracts

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender or facilities provided by Lender with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 6 contracts

Samples: Business Financing Agreement (Determine, Inc.), Business Financing Agreement (Determine, Inc.), Business Financing Agreement (Determine, Inc.)

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Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender Bank or facilities provided by Lender Bank with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s 's obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Bank described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 5 contracts

Samples: DJSP Enterprises, Inc., Gse Systems Inc, Gse Systems Inc

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender Bank or facilities provided by Lender Bank with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s 's obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Bank described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s 's obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 4 contracts

Samples: Note and Agreement (Trey Resources Inc), Escalon Medical Corp, Pacific Sunwear of California Inc

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender Bank or facilities provided by Lender Bank with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Bank described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 3 contracts

Samples: Credit Facility Agreement (Continucare Corp), Apple REIT Ten, Inc., Graham Corp

Guaranty to be Absolute. Each Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender Lenders or facilities provided by Lender Lenders with respect to the Indebtedness have been terminated, each Guarantor shall not be released by or because of the takingtaking of, or failure to take, any action that might in any manner or to any extent vary the risks of each Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify such Guarantor’s 's obligations under this Guaranty. Each Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Lenders described in the immediately preceding paragraph of this Guaranty. It is the express intent of each Guarantor that each Guarantor’s 's obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 2 contracts

Samples: Ashworth Inc, Ashworth Inc

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender or facilities provided by Lender with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s 's obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s 's obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Business Financing Agreement (Determine, Inc.)

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender Secured Party or facilities provided by Lender Secured Party with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s 's obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Secured Party described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Healthcare Corp of America

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full in cash and any commitments of Lender or facilities provided by Lender with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent e'xtent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s 's obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Xxxxxx described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s 's obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Sysorex Global Holdings Corp.

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender or facilities provided by Lender with respect any Creditor to the provide any additional Indebtedness have been terminated, Guarantor Guarantors shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor Guarantors under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify any Guarantor’s obligations under this Guaranty. Guarantor waives and surrenders any Continuing Guaranty defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender any Creditor described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Continuing Guaranty (Unified Grocers, Inc.)

Guaranty to be Absolute. Guarantor agrees that until all the Indebtedness has been indefeasibly paid in full and any commitments of Lender any Purchaser or facilities provided by Lender any Purchaser with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Purchasers described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Securities Purchase Agreement (Silverstar Holdings LTD)

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness Guaranteed Obligations has been paid in full and any commitments of Lender Agent or facilities provided by Lender Agent with respect to the Indebtedness Guaranteed Obligations have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraphsection, might discharge or otherwise reduce, limit, or modify Guarantor’s obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Agent described in the immediately preceding paragraph section of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Lam Research Corp

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full f-ull and any commitments of Lender Bank or facilities provided by Lender Bank with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s 's obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Bank described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s 's obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Loan Agreement (Innovative Food Holdings Inc)

Guaranty to be Absolute. Each Guarantor agrees that until the Indebtedness has Obligations have been paid in full and any commitments of Lender or facilities provided by Lender under the Credit Agreement with respect to the Indebtedness Obligations have been terminated, no Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of any Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify any Guarantor’s 's obligations under this Guaranty. Each Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender the Agent or any of the other Guarantied Parties described in the immediately preceding paragraph of this Guaranty. It is the express intent of each Guarantor that such Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Master Guaranty (Insituform Technologies Inc)

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Guaranty to be Absolute. Guarantor agrees that until all the Indebtedness has been indefeasibly paid in full and any commitments of Lender any Purchaser or facilities provided by Lender any Purchaser with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s 's obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Purchasers described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s 's obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Securities Purchase Agreement (Silverstar Holdings LTD)

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has Obligations have been paid in full and any commitments of Lender or facilities provided by Lender with respect to the Indebtedness Obligations have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Continuing and Unconditional Guaranty (Franklin Credit Management Corp/De/)

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender or facilities provided by Lender with respect any Creditor to the provide any additional Indebtedness have been terminated, Guarantor Guarantors shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor Guarantors under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify any Guarantor’s obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender any Creditor described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Continuing Guaranty (Unified Grocers, Inc.)

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender or facilities provided by Lender with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Xxxxxx described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Continuing and Unconditional Guaranty (Titan Global Holdings, Inc.)

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender Administrative Agent and Lenders or facilities provided by Lender Administrative Agent and Lenders with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Administrative Agent or any Lender described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Credit Agreement (BJs RESTAURANTS INC)

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender Bank or facilities provided by Lender Bank with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might operate as a discharge of or otherwise reduce, limit, or modify Guarantor’s 's obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of Lender Bank described in the immediately preceding paragraph of this Guarantyparagraph. It is the express intent of Guarantor that Guarantor’s 's obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Pacific Sunwear of California Inc

Guaranty to be Absolute. Guarantor agrees that until the Indebtedness has been paid in full and any commitments of Lender the Administrative Agent and the Lenders or facilities provided by the Administrative Agent or any Lender with respect to the Indebtedness have been terminated, Guarantor shall not be released by or because of the taking, or failure to take, any action that might in any manner or to any extent vary the risks of Guarantor under this Guaranty or that, but for this paragraph, might discharge or otherwise reduce, limit, or modify Guarantor’s obligations under this Guaranty. Guarantor waives and surrenders any defense to any liability under this Guaranty based upon any such action, including but not limited to any action of the Administrative Agent or any Lender described in the immediately preceding paragraph of this Guaranty. It is the express intent of Guarantor that Guarantor’s obligations under this Guaranty are and shall be absolute and unconditional.

Appears in 1 contract

Samples: Prospect Medical Holdings Inc

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