Maker. Holder: ----- ------ Padova International USA, Inc. ________________ 1284 Puerta Del Sol, Suite 150 ________________ Xxx Xxxxxxxx, XX 00000 ________________ Xxxxx: 000-000-0090 Phone: Fax: 949-498-0000 Fax: Attn: Donald Xxxxxxx Attn: Copy to: Xxxx X. Xxtcher Fax: 858-279-1799 Exhibits: Xxxxxxx X: Original Promissorx Xxxx Exhibit B: New Promissory Note
Maker for itself and all endorsers, guarantors and sureties of this Note, and their heirs, successors, assigns and legal representatives, hereby waives presentment for payment, demand, notice of nonpayment, notice of dishonor, protest of any dishonor, notice of protest and protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default or enforcement of the payment of this Note except as provided in the Receivables Loan Agreement, and agrees that their respective liability shall be unconditional and without regard to the liability of any other party and shall not be in any manner affected by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Holder. Maker, for itself and all endorsers, guarantors and sureties of this Note, and their heirs, legal representatives, successors and assigns, hereby consents to every extension of time, renewal, waiver or modification that may be granted by Holder with respect to the payment or other provisions of this Note, and to the release of any makers, endorsers, guarantors or sureties, and of any collateral given to secure the payment hereof, or any part hereof, with or without substitution, and agrees that additional makers, endorsers, guarantors or sureties may become parties hereto without notice to Maker or to any endorser, guarantor or surety and without affecting the liability of any of them.
Maker its directors, officers, employees, members, and agents will have no personal liability for any deficiency under this instrument.
Maker. The Provider of this Agreement is America’s Preferred Home Warranty, Inc., 0000 Xxxxxx Xxxxx Xx. Xxxxxxx XX 49203 1-800-648-5006
Maker by: Guarantee: FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the undersigned ("Guarantor") unconditionally guarantees to Holder (i) the full and prompt performance by _________________, a ___________________ corporation ("Maker"), of all obligations which Maker presently or hereafter may have to Holder and (ii) payment when due of all sums presently or hereafter owing by Maker to Holder. Guarantor further agrees to indemnify Holder against any losses Holder may sustain and expenses Holder may incur as a result of any wrongful act of Maker. This is an unconditional guarantee of payment of all indebtedness of Maker to Holder, or any part thereof, by Guarantor and Guarantor acknowledges and agrees that Holder may proceed against Guarantor without first exercising Holder's rights against Maker or any collateral. For the purposes of this guarantee and indemnity, all sums owing to Holder by Maker shall be deemed to have become immediately due and payable if (a) Maker defaults in any of its obligations to Holder; (b) a petition under any Chapter of the Bankruptcy Act, as amended, or for the appointment of a receiver of any part of the property of Maker be filed against Maker, and is not dismissed within thirty (30) days; (c) such a petition is filed by Maker; (d) Maker makes a general assignment for the benefit of creditors, suspends business or commits any act amounting to a business failure; or (e) Maker sells all or substantially all of its assets. This shall be a continuing guarantee and indemnity, and irrespective of the lack of any notice to or consent of the undersigned, their obligations hereunder shall not be impaired in any manner whatsoever by any renewal, extension or indulgence. Guarantor hereby authorizes assured party, without notice or demand, to (a) change the terms of all or any part of the obligation guaranteed hereby, including without limitation, releasing, extending, or compromising the same, changing the time for payment thereof, and changing the rate of interest thereon; (b) take, or decline to take, collateral for the payment of the obligation guaranteed hereby and exchange, enforce or fail to enforce, fail to perfect, or release its interest in any such collateral; and (c) release or substitute, or impair or suspend, any remedy against any principal Maker, or any other guarantor of, or anyone else liable on the obligation guaranteed hereby. Notice of assured party's acceptance hereof, of default and nonpayment ...
Maker. (i) Shall be adjudicated insolvent or a bankrupt, or ceases, is unable, or admits in writing the inability to pay debts as they mature, makes a general assignment for the benefit of, or enters into any composition or arrangement with its creditors; or
Maker s obligation to pay the unpaid principal balance of the Loan Amount shall be limited to the available funds of Maker which are not otherwise encumbered as of the date of this Promissory Note.
Maker and all sureties and endorser of this Note hereby (a) waive demand, presentment for payment, notice of nonpayment, protest, notice of protest and all other notice, filing of suit and diligence in collecting this Note, in enforcing any of the security rights or in proceeding against any of the property covered by the Instruments, (b) agree to any substitution, exchange, addition or release of any such property or the addition or release of any party or person primarily or secondarily liable hereon, (c) agree that Lender shall not be required first to institute any suit, or to exhaust its remedies against Maker or any other person or party in order to enforce payment of this Note or any guarantee, (d) consent to any extension, rearrangement, renewal or postponement of time of payment of this Note and to any other indulgence with respect hereto without notice, consent or consideration to any of them, (e) waive any defense arising out of the alleged negligent release of any parties, and (f) agree that, notwithstanding the occurrence of any of the foregoing, except as to any such person expressly released in writing by Lender they shall be and remain jointly and severally, directly and primarily, liable for all sums due hereunder and under any and all of the Instruments.
Maker. The term “Maker” as used in this Note shall include the Maker and the respective successors and assigns thereto or thereof.
Maker becomes insolvent, bankrupt or generally fails to pay its debts as such debts become due; is adjudicated insolvent or bankrupt; admits in writing its inability to pay its debts; or shall suffer a custodian, receiver or trustee for it or substantially all of its property to be appointed and if appointed without its consent, not be discharged within thirty (30) days; makes an assignment for the benefit of creditors; or suffers proceedings under any law related to bankruptcy, insolvency, liquidation or the reorganization, readjustment or the release of debtors to be instituted against it and if contested by it not dismissed or stayed within ten (10) days; if proceedings under any law related to bankruptcy, insolvency, liquidation, or the reorganization, readjustment or the release of debtors is instituted or commenced by Maker; if any order for relief is entered relating to any of the foregoing proceedings; if Maker shall call a meeting of its creditors with a view to arranging a composition or adjustment of its debts; or if Maker shall by any act or failure to act indicate its consent to, approval of or acquiescence in any of the foregoing;
