Common use of Indebtedness Guaranteed Clause in Contracts

Indebtedness Guaranteed. Guarantor hereby absolutely and unconditionally guarantees the prompt payment in full of the Obligations (as defined below), as and when the same (including without limitation portions thereof) become due and payable. Guarantor acknowledges that the amount of the Obligations may exceed the principal amount of the Note. Guarantor further acknowledges that the foregoing guaranty is made for the timely payment and performance of each of the Obligations and is not merely a guaranty of collection. For purposes of this Agreement, “Obligations” means (a) all loans, advances, debts, liabilities and obligations, howsoever arising, whether documented or undocumented, owed by Borrower to Investor or any affiliate of Investor of every kind and description, now existing or hereafter arising, whether created by the Note, the Purchase Agreement (as defined in the Note), any other Transaction Documents, any modification or amendment to any of the foregoing, guaranty of payment or other contract or by a quasi-contract, tort, statute or other operation of law, whether incurred or owed directly to Investor or an affiliate of Investor or acquired by Investor or an affiliate of Investor by purchase, pledge or otherwise, (b) all costs and expenses, including attorneys’ fees, incurred by Investor or any affiliate of Investor in connection with the Note or in connection with the collection or enforcement of any portion of the indebtedness, liabilities or obligations described in the foregoing clause (a), and (c) the performance of the covenants and agreements of Borrower contained in the Note and the other Transaction Documents.

Indebtedness Guaranteed. Guarantor hereby absolutely and unconditionally guarantees the prompt payment in full of the Obligations (as defined below), as and when the same (including without limitation portions thereof) become due and payable. Guarantor acknowledges that the amount of the Obligations may exceed the principal amount of the NoteNotes. Guarantor further acknowledges that the foregoing guaranty is made for the timely payment and performance of each of the Obligations and is not merely a guaranty of collection. For purposes of this AgreementGuaranty, “Obligations” means (a) all loans, advances, debts, liabilities and obligations, howsoever arisingarising on or after the date of this Guaranty, whether documented or undocumented, owed by Borrower or Guarantor to Investor or any affiliate of Investor of every kind and description, now existing or hereafter arisingLender, whether created by the NoteNotes, the Purchase Agreement (as defined in the Note)Agreement, any other Transaction DocumentsDocuments or arising thereafter, any modification or amendment to any of the foregoing, guaranty of payment or other contract or by a quasi-contract, tort, statute or other operation of law, whether incurred or owed directly to Investor or an affiliate of Investor or acquired by Investor or an affiliate of Investor by purchase, pledge or otherwise, foregoing (b) all costs and expenses, including attorneys’ fees, incurred by Investor or any affiliate of Investor Xxxxxx in connection with the Note Notes or in connection with the collection or enforcement of any portion of the indebtedness, liabilities or obligations described in the foregoing clause (a), ) and (cb) the performance of the covenants and agreements of Borrower contained in the Note Notes and the other Transaction Documents.

Indebtedness Guaranteed. Guarantor hereby absolutely and unconditionally guarantees the prompt payment in full of the Obligations (as defined below), as and when the same (including without limitation portions thereof) become due and payable. Guarantor acknowledges that the amount of the Obligations may exceed the principal amount of the Note. Guarantor further acknowledges that the foregoing guaranty is made for the timely payment and performance of each of the Obligations and is not merely a guaranty of collection. For purposes of this AgreementGuaranty, “Obligations” means (a) all loans, advances, debts, liabilities and obligations, howsoever arisingarising on or after the date of this Guaranty, whether documented or undocumented, owed by Borrower or Guarantor to Investor or any affiliate of Investor of every kind and description, now existing or hereafter arisingLender, whether created by the Note, the Purchase Agreement (as defined in the Note)Agreement, any other Transaction DocumentsDocuments or arising thereafter, any modification or amendment to any of the foregoing, guaranty of payment or other contract or by a quasi-contract, tort, statute or other operation of law, whether incurred or owed directly to Investor or an affiliate of Investor or acquired by Investor or an affiliate of Investor by purchase, pledge or otherwise, and (b) all costs and expenses, including attorneys’ fees, incurred by Investor or any affiliate of Investor Xxxxxx in connection with the Note or in connection with the collection or enforcement of any portion of the indebtedness, liabilities or obligations described in the foregoing clause (a), ) and (cb) and the performance of the covenants and agreements of Borrower contained in the Note and the other Transaction Documents.

Indebtedness Guaranteed. Each Guarantor hereby absolutely and unconditionally guarantees the prompt payment in full of the Obligations (as defined below), as and when the same (including without limitation portions thereof) become due and payable. Guarantor acknowledges that the amount of the Obligations may exceed the original principal amount of the Note. Guarantor further acknowledges that the foregoing guaranty is made for the timely payment and performance of each of the Obligations and is not merely a guaranty of collection. For purposes of this AgreementGuaranty, “Obligations” means (a) all loans, advances, debts, liabilities and obligations, howsoever arisingarising on or after the date of this Guaranty, whether documented or undocumented, owed by Borrower or Guarantor to Investor or any affiliate of Investor of every kind and description, now existing or hereafter arisingLender, whether created by the Note, the Purchase Agreement (as defined in the Note)Agreement, any other Transaction DocumentsDocuments or arising thereafter, any modification or amendment to any of the foregoing, guaranty of payment or other contract or by a quasi-contract, tort, statute or other operation of law, whether incurred or owed directly to Investor or an affiliate of Investor or acquired by Investor or an affiliate of Investor by purchase, pledge or otherwise, and (b) all costs and expenses, including reasonable attorneys’ fees, incurred by Investor or any affiliate of Investor Lender in connection with the Note or in connection with the collection or enforcement of any portion of the indebtedness, liabilities or obligations described in the foregoing clause (a), ) and (cb) and the performance of the covenants and agreements of Borrower contained in the Note and the other Transaction Documents.

Indebtedness Guaranteed. Guarantor hereby absolutely and unconditionally guarantees the prompt payment in full of the Obligations (as defined below), as and when the same (including without limitation portions thereof) become due and payable. Guarantor acknowledges that the amount of the Obligations may exceed the original principal amount of the Note. Guarantor further acknowledges that the foregoing guaranty is made for the timely payment and performance of each of the Obligations and is not merely a guaranty of collection. For purposes of this AgreementGuaranty, “Obligations” means (a) all loans, advances, debts, liabilities and obligations, howsoever arisingarising on or after the date of this Guaranty, whether documented or undocumented, owed by Borrower or Guarantor to Investor or any affiliate of Investor of every kind and description, now existing or hereafter arisingLender, whether created by the Note, the Purchase Agreement (as defined in the Note)Agreement, any other Transaction DocumentsDocuments or arising thereafter, any modification or amendment to any of the foregoing, guaranty of payment or other contract or by a quasi-contract, tort, statute or other operation of law, whether incurred or owed directly to Investor or an affiliate of Investor or acquired by Investor or an affiliate of Investor by purchase, pledge or otherwise, and (b) all costs and expenses, including reasonable attorneys’ fees, incurred by Investor or any affiliate of Investor Lender in connection with the Note or in connection with the collection or enforcement of any portion of the indebtedness, liabilities or obligations described in the foregoing clause (a), ) and (cb) and the performance of the covenants and agreements of Borrower contained in the Note and the other Transaction Documents.

Indebtedness Guaranteed. Guarantor hereby absolutely and unconditionally guarantees the prompt payment in full of the Obligations (as defined below), as and when the same (including without limitation portions thereof) become due and payable. Guarantor acknowledges that the amount of the Obligations may exceed the original principal amount of the Note. Guarantor further acknowledges that the foregoing guaranty is made for the timely payment and performance of each of the Obligations and is not merely a guaranty of collection. For purposes of this AgreementGuaranty, “Obligations” means (a) all loans, advances, debts, liabilities and obligations, howsoever arisingarising on or after the date of this Guaranty, whether documented or undocumented, owed by Borrower or Guarantor to Investor or any affiliate of Investor of every kind and description, now existing or hereafter arisingLender, whether created by the Note, the Purchase Agreement (as defined in the Note)Agreement, any other Transaction DocumentsDocuments or arising thereafter, any modification or amendment to any of the foregoing, guaranty of payment or other contract or by a quasi-quasi contract, tort, statute statute, or other operation of law, whether incurred or owed directly to Investor or an affiliate of Investor Lender or acquired by Investor or an affiliate of Investor Lender by purchase, pledge or otherwise, and (b) all costs and expenses, including reasonable attorneys’ fees, incurred by Investor or any affiliate of Investor Lender in connection with the Note or in connection with the collection or enforcement of any portion of the indebtedness, liabilities or obligations described in the foregoing clause (a), ) and (cb) and the performance of the covenants and agreements of Borrower contained in the Note and the other Transaction Documents.