Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described herein, plus all costs and expenses of (A) enforcement of this Guaranty and (B) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 4 contracts
Sources: Commercial Guaranty (Arts Way Manufacturing Co Inc), Commercial Guaranty (Asa International LTD), Business Loan Agreement (Advanced Life Sciences Holdings, Inc.)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described hereinabove, plus all costs and expenses of (Aa) enforcement of this Guaranty and (Bb) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 3 contracts
Sources: Commercial Guaranty (Whitman Education Group Inc), Commercial Guaranty (Certified Diabetic Services Inc), Commercial Guaranty (Whitman Education Group Inc)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$246,128.00, plus all costs interest thereon, plus all of Lender's costs, expenses, and expenses of attorneys fees incurred in connection with or relating to (A) enforcement the collection of this Guaranty and the indebted ness, (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (C) the enforcement of this Guaranty. Attorney's fees include, without limitation, attorneys' fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 3 contracts
Sources: Commercial Guaranty (Innovative Card Technologies Inc), Commercial Guaranty (Innovative Card Technologies Inc), Commercial Guaranty (Innovative Card Technologies Inc)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$1,500,000.00, plus all costs interest thereon, plus all of Lender's costs, expenses, and expenses attorneys' fees incurred in connection with or relating to (a) the collection of the Indebtedness, (Ab) enforcement of this Guaranty and (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (c) the enforcement of this Guaranty. Attorneys' fees include, without limitation, attorneys' fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 2 contracts
Sources: Business Loan Agreement (Real Goods Trading Corp), Business Loan Agreement (Real Goods Trading Corp)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described herein, $3,000,000.00 plus all costs and expenses of (Aa) enforcement of this Guaranty and (Bb) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 2 contracts
Sources: Commercial Guaranty (Credit Concepts Inc), Commercial Guaranty (Credit Concepts Inc)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$3,825,000.00, plus all costs interest thereon, plus all of Lender's costs, expenses, and expenses attorney's fees Incurred in connection with or relating to (a) the collection of the indebtedness, (Ab) enforcement of this Guaranty and (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (c) the enforcement of this Guaranty. Attorney's fees include, without limitation, attorney's fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's guaranties The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$42,700.00, plus all costs interest thereon, plus all of Lender's costs, expenses, and expenses attorney's fees Incurred in connection with or relating to (a) the collection of the indebtedness, (Ab) enforcement of this Guaranty and (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (c) the enforcement of this Guaranty. Attorney's fees include, without limitation, attorney's fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's guaranties The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$8,000,000.00, plus all costs interest thereon, plus all of Lender's costs, expenses, and expenses of attorneys' fees incurred in connection with or relating to (A) enforcement the collection of this Guaranty and the Indebtedness, (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (C) the enforcement of this Guaranty. Attorneys' fees include, without limitation, attorneys' fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Sources: Commercial Guaranty (International Remote Imaging Systems Inc /De/)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described hereinabove, plus all costs and expenses of (Aa) enforcement of this Guaranty Guaranty, and (Bb) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights the right of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Sources: Security and Pledge Agreement and Commercial Guaranty (Microhelix Inc)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described herein, $3,000,000.00 plus all costs and expenses of (Aa) enforcement of this Guaranty and (Bb) collection and sale of any collateral securing this Guaranty. The above limitation on liability is Is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. cumulative This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$1,500,000.00, plus all interest thereon, plus any costs and expenses of (Aincluding attorneys' fees) awarded to a prevailing party in litigation in connection with the enforcement of this Guaranty and (B) collection and sale the indebtedness of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$522,226.00, plus all costs interest thereon, plus all of Lender's costs, expenses, and expenses attorney's fees Incurred in connection with or relating to (a) the collection of the indebtedness, (Ab) enforcement of this Guaranty and (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (c) the enforcement of this Guaranty. Attorney's fees include, without limitation, attorney's fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's guaranties The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$9,500,000.00, plus all costs interest thereon, plus all of Lender's costs, expenses and expenses of attorneys' fees incurred in connection with or relating to (A) enforcement the collection of this Guaranty and the Indebtedness, (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (C) the enforcement of this Guaranty. Attorneys' fees include, without limitation, attorneys' fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Sources: Commercial Guaranty (Emergent Information Technologies Inc)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described herein, plus all costs and expenses of (A) enforcement of this Guaranty and (B) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's ’s rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's ’s liability will be Guarantor's ’s aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Sources: Commercial Guaranty (Granite City Food & Brewery LTD)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$1,020,292.74, plus all costs interest thereon, plus all of Lender's costs, expenses, and expenses attorneys' fees incurred in connection with or relating to (a) the collection of the indebtedness, (Ab) enforcement of this Guaranty and (B) the collection and sale of any collateral securing for the indebtedness or this Guaranty, or (c) the enforcement of this Guaranty. Attorneys' fees include, without limitation, attorneys' fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty guaranty shall not exceed at any one time the amount of the Indebtedness indebtedness described hereinabove, plus all costs and expenses of (Aa) enforcement of this Guaranty guaranty and (Bb) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Sources: Commercial Guaranty (Go2net Inc)
Maximum Liability. The maximum liability of Guarantor under this Guaranty guaranty shall not exceed at any one time the amount of the Indebtedness described hereinabove, plus all costs and expenses of (Aa) enforcement of this Guaranty and (Bb) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Sources: Commercial Guaranty (Litronic Inc)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness indebtedness described hereinabove, plus all costs and expenses of (Aa) enforcement of this Guaranty and (Bb) collection and sale of any collateral securing this Guaranty. The above limitation on the liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described herein, lIne $3,000,000.00 plus all costs and expenses of (Aa) enforcement of this Guaranty and (Bb) collection and sale of any collateral securing this Guaranty. The above limitation on liability is Is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate Invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms term of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$4,850,000.00, plus all costs interest thereon, plus all of Lender’s costs, expenses, and expenses of attorneys’ fees incurred in connection with or relating to (A) enforcement the collection of this Guaranty and the Indebtedness, (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (C) the enforcement of this Guaranty. Attorneys’ fees include, without limitation, attorneys’ fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's ’s rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's ’s liability will be Guarantor's ’s aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Sources: Commercial Guaranty (Natrol Inc)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$509,000.00, plus all costs interest thereon, plus all of Lender's costs, expenses, and expenses attorney's fees Incurred in connection with or relating to (a) the collection of the indebtedness, (Ab) enforcement of this Guaranty and (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (c) the enforcement of this Guaranty. Attorney's fees include, without limitation, attorney's fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's guaranties The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount sum of the Principal Amount set forth above, plus all interest thereon and plus all of Lender's costs, expenses, and attorney fees, including any on appeals, in connection with the enforcement of this Guaranty, the collection of the Indebtedness described hereinof Borrower, plus all costs and expenses of (A) enforcement of this Guaranty and (B) or with the collection and or sale of any collateral securing this Guarantycollateral, whether or not there is a lawsuit. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, guaranties or hereafter receives additional guaranties from GuarantorGuarantor of the Indebtedness of Borrower, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (not, unless specifically provided below to the contrary) herein provided, affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described herein$600,000.00, plus all costs and expenses of (A) enforcement of this Guaranty and (B) collection and sale of any collateral securing this Guaranty. , except as provided below.* The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Sources: Commercial Guaranty (Energy Exploration Technologies /)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$18,000,000.00, plus all costs interest thereon, plus all of Lender's costs, expenses, and expenses of attorneys' fees incurred in connection with or relating to (A) enforcement the collection of this Guaranty and the Indebtedness, (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (C) the enforcement of this Guaranty. Attorneys' fees include, without limitation, attorneys' fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time 100.000% of the amount of the Indebtedness described hereinabove, plus all costs and expenses of (Aa) enforcement of this Guaranty and (Bb) collection and sale of any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Sources: Commercial Guaranty (Certified Diabetic Services Inc)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the amount of the Indebtedness described hereinabove, plus all costs and expenses of (Aa) enforcement of this Guaranty and (Bb) collection and sale of to any collateral securing this Guaranty. The above limitation on liability is not a restriction on the amount of to the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights to Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability to Guarantor under the terms of to this Guaranty and any such other unterminated guaranties.
Appears in 1 contract
Sources: Commercial Guaranty (HLM Design Inc)
Maximum Liability. The maximum liability of Guarantor under this Guaranty shall not exceed at any one time the sum of the principal amount of the Indebtedness described herein$600,000.00, plus all costs interest thereon, plus 15% of Lender's costs, expenses and expenses attorneys' fees incurred in connection with or relating to (a) the collection of the Indebtedness, (Ab) enforcement of this Guaranty and (B) the collection and sale of any collateral securing for the Indebtedness or this Guaranty, or (c) the enforcement of this Guaranty. Attorneys' fees include, without limitation, attorneys' fees whether or not there is a lawsuit, and if there is a lawsuit, any fees and costs for trial and appeals. The above limitation on liability is not a restriction on the amount of the Indebtedness of Borrower to Lender either in the aggregate or at any one time. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's the rights of Lender under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties. Guarantor's The liability of Guarantor will be Guarantor's the aggregate liability of Guarantor under the terms of this Guaranty and any such other unterminated guaranties.
Appears in 1 contract