Common use of Liability of Guarantor Unconditional Clause in Contracts

Liability of Guarantor Unconditional. This Guaranty is a guaranty of payment and not merely of collection. The Guarantor's liability under this Guaranty is absolute and unconditional and shall not be limited, diminished or affected by the happening from time to time of any event, including (but not limited to) any event described in paragraph 1 of this Guaranty and any of the following events, whether or not any such event occurs with notice to or with the consent of the Guarantor or once or more than once: (a) the waiver, surrender, compromise, settlement, discharge, release or termination of any or all of the Liabilities; (b) the failure to give any notice to the Borrower; (c) the extension of the time for payment or performance of any of the Liabilities; (d) the change (whether or not material) of the terms of any document relating to the Liabilities (a "Document"); (e) the taking of or failure to take any action referred to in any Document; (f) the illegality, invalidity, unenforceability (including, but not limited to, by reason of any statute of limitations or automatic stay) or irregularity of any of the Liabilities or any Document; (g) any failure, omission, delay or lack of diligence on the part of the Lender in the enforcement, assertion or exercise of any right, power or remedy conferred on the Lender under any Document, or the inability of the Lender to enforce any provision of any Document for any reason, or any other act or omission on the part of the Lender, including (but not limited to) failure by the Lender to perfect or protect any lien or security interest granted to the Lender, to commence and prosecute any action to collect the Liabilities or to enforce or collect any judgment obtained by the Lender; (h) the dissolution or liquidation of the Borrower, the sale or other disposition of all or substantially all of the assets of the Borrower, the marshalling of assets and liabilities of the Borrower or the existence of receivership, insolvency, assignment for the benefit of creditors, bankruptcy, reorganization, arrangement, adjustment, composition or other similar proceedings affecting the Borrower; and (i) any other event, action or circumstance that would, in the absence of this subparagraph (i), result in the release or discharge of the Guarantor from the performance or observance of any obligation, covenant or agreement contained in this Guaranty.

Liability of Guarantor Unconditional. This Guaranty Agreement is a guaranty of payment and not merely of collection. The Guarantor's liability under this Guaranty is Agreement and the grant of the security interest in the Collateral (as defined in Section 11 hereof) are absolute and unconditional and shall not be limited, diminished or affected by the happening from time to time of any event, including (but not limited to) any event described in paragraph 1 Section 2 of this Guaranty and Agreement or any of the following events, whether or not any such event occurs with notice to or with the consent of the Guarantor or once or more than once: (a) the waiver, surrender, compromise, settlement, discharge, release or termination of any or all of the Liabilities; (b) the failure to give any notice to the BorrowerIssuer; (c) the extension of the time for payment or performance of any of the Liabilities; (d) the change (whether or not material) of the terms of the Notes, the Securities Purchase Agreement, the Security Documents, the Registration Rights Agreement (as defined in the Securities Purchase Agreement), the Collateral Agency Agreement or any other document or instrument relating to the Liabilities (a "DocumentCREDIT DOCUMENT"); (e) the taking of or failure to take any action referred to in any Credit Document; (f) the illegality, invalidity, unenforceability (including, but not limited to, by reason of any statute of limitations or automatic stay) or irregularity of any of the Liabilities or any Credit Document; (g) any failure, omission, delay or lack of diligence on the part of the Lender Collateral Agent or any other Secured Party in the enforcement, assertion or exercise of any right, power or remedy conferred on the Lender Collateral Agent or any other Secured Party under any Credit Document, or the inability of the Lender Collateral Agent or any other Secured Party to enforce any provision of any Credit Document for any reason, or any other act or omission on the part of the Lender, including (but not limited to) failure by the Lender Collateral Agent or any other Secured Party to perfect or protect any lien or security interest granted to the LenderCollateral Agent or any other Secured Party, to commence and prosecute any action to collect the Liabilities or to enforce or collect any judgment obtained by the LenderCollateral Agent or any other Secured Party or any other act or omission on the part of the Collateral Agent or any other Secured Party; (h) the dissolution or liquidation of the BorrowerIssuer, the sale or other disposition of all or substantially all of the assets of the BorrowerIssuer, the marshalling of assets and liabilities of the Borrower Issuer or the existence of receivership, insolvency, assignment for the benefit of creditors, bankruptcy, reorganization, arrangement, adjustment, composition or other similar proceedings affecting the BorrowerIssuer; and (i) any other event, action or circumstance that would, in the absence of this subparagraph (i), could otherwise result in the release or discharge of the Guarantor from the performance or observance of any obligation, covenant or agreement contained in this GuarantyAgreement.

Liability of Guarantor Unconditional. This Guaranty Agreement is a guaranty of payment and not merely of collection. The Guarantor's liability under this Guaranty is Agreement and the grant of the security interest in the Collateral (as defined in Section 11 hereof) are absolute and unconditional and shall not be limited, diminished or affected by the happening from time to time of any event, including (but not limited to) any event described in paragraph 1 Section 2 of this Guaranty and Agreement or any of the following events, whether or not any such event occurs with notice to or with the consent of the Guarantor or once or more than once: (a) the waiver, surrender, compromise, settlement, discharge, release or termination of any or all of the Liabilities; (b) the failure to give any notice to the Borrower; (c) the extension of the time for payment or performance of any of the Liabilities; (d) the change (whether or not material) of the terms of the Loan Agreement or any other document or instrument relating to the Liabilities (a "Document"); (e) the taking of or failure to take any action referred to in any Document; (f) the illegality, invalidity, unenforceability (including, but not limited to, by reason of any statute of limitations or automatic stay) or irregularity of any of the Liabilities or any Document; (g) any failure, omission, delay or lack of diligence on the part of the Lender Secured Party in the enforcement, assertion or exercise of any right, power or remedy conferred on the Lender Secured Party under any Document, or the inability of the Lender Secured Party to enforce any provision of any Document for any reason, or any other act or omission on the part of the LenderSecured Party (other than any act or omission involving the gross negligence or wilful misconduct of the Secured Party), including (but not limited to) failure by the Lender Secured Party to perfect or protect any lien or security interest granted to the LenderSecured Party, to commence and prosecute any action to collect the Liabilities or to enforce or collect any judgment obtained by the LenderSecured Party; (h) the dissolution or liquidation of the Borrower, the sale or other disposition of all or substantially all of the assets of the Borrower, the marshalling of assets and liabilities of the Borrower or the existence of receivership, insolvency, assignment for the benefit of creditors, bankruptcy, reorganization, arrangement, adjustment, composition or other similar proceedings affecting the Borrower; and (i) any other event, action or circumstance that would, in the absence of this subparagraph (i), could otherwise result in the release or discharge of the Guarantor from the performance or observance of any obligation, covenant or agreement contained in this GuarantyAgreement.

Liability of Guarantor Unconditional. This Guaranty is a guaranty of payment and not merely of collection. The Guarantor's ’s liability under this Guaranty is absolute and unconditional and shall not be limited, diminished or affected by the happening from time to time of any event, including (but not limited to) any event described in paragraph 1 of this Guaranty and any of the following events, whether or not any such event occurs with notice to or with the consent of the Guarantor or once or more than once: (a) the waiver, surrender, compromise, settlement, discharge, release or termination of any or all of the Liabilities; (b) the failure to give any notice to the BorrowerCustomer; (c) the extension of the time for payment or performance of any of the Liabilities; (d) the change (whether or not material) of the terms of any document relating to the Liabilities (a "“Document"”); (e) the taking of or failure to take any action referred to in any Document; (f) the illegality, invalidity, unenforceability (including, but not limited to, by reason of any statute of limitations or automatic stay) or irregularity of any of the Liabilities or any Document; (g) any failure, omission, delay or lack of diligence on the part of the Lender Bank in the enforcement, assertion or exercise of any right, power or remedy conferred on the Lender Bank under any Document, or the inability of the Lender Bank to enforce any provision of any Document for any reason, or any other act or omission on the part of the LenderBank, including (but not limited to) failure by the Lender Bank to perfect or protect any lien or security interest granted to the LenderBank, to commence and prosecute any action to collect the Liabilities or to enforce or collect any judgment obtained by the LenderBank; (h) the dissolution or liquidation of the BorrowerCustomer, the sale or other disposition of all or substantially all of the assets of the BorrowerCustomer, the marshalling of assets and liabilities of the Borrower Customer or the existence of receivership, insolvency, assignment for the benefit of creditors, bankruptcy, reorganization, arrangement, adjustment, composition or other similar proceedings affecting the BorrowerCustomer; and (i) any other event, action or circumstance that would, in the absence of this subparagraph (i), result in the release or discharge of the Guarantor from the performance or observance of any obligation, covenant or agreement contained in this Guaranty.

Liability of Guarantor Unconditional. This Guaranty is a guaranty of payment and not merely of collection. The Guarantor's ’s liability under this Guaranty is absolute and unconditional and shall not be limited, diminished or affected by the happening from time to time of any event, including (but not limited to) any event described in paragraph 1 of this Guaranty and any of the following events, whether or not any such event occurs with notice to or with the consent of the Guarantor or once or more than once: (a) the waiver, surrender, compromise, settlement, discharge, release or termination of any or all of the Liabilities; (b) the failure to give any notice to the Borrower; (c) the extension of the time for payment or performance of any of the Liabilities; (d) the change (whether or not material) of the terms of the Loan Agreement or any other document relating to the Liabilities (a "“Document"”); (e) the taking of or failure to take any action referred to in any Document; (f) the illegality, invalidity, unenforceability (including, but not limited to, by reason of any statute of limitations or automatic stay) or irregularity of any of the Liabilities or any Document; (g) any failure, omission, delay or lack of diligence on the part of the Lender in the enforcement, assertion or exercise of any right, power or remedy conferred on the Lender under any Document, or the inability of the Lender to enforce any provision of any Document for any reason, or any other act or omission on the part of the Lender, including (but not limited to) failure by the Lender to perfect or protect any lien or security interest granted to the Lender, to commence and prosecute any action to collect the Liabilities or to enforce or collect any judgment obtained by the Lender; (h) the dissolution or liquidation of the Borrower, the sale or other disposition of all or substantially all of the assets of the Borrower, the marshalling of assets and liabilities of the Borrower or the existence of receivership, insolvency, assignment for the benefit of creditors, bankruptcy, reorganization, arrangement, adjustment, composition or other similar proceedings affecting the Borrower; and (i) any other event, action or circumstance that would, in the absence of this subparagraph (i), result in the release or discharge of the Guarantor from the performance or observance of any obligation, covenant or agreement contained in this Guaranty.