Nature of Guarantor's Liability. No Exoneration or Subrogation Until All Obligations Fully Satisfied.
Nature of Guarantor's Liability. The liability of the Guarantor under this Guarantee is continuing, absolute and unconditional and will not be affected by any act, omission, event or circumstance that might constitute a legal or equitable defence (any and all such legal and equitable defences are hereby expressly waived by the Guarantor) to or a discharge, limitation or reduction of the liability of the Guarantor hereunder, other than as a result of the indefeasible payment in full of the Obligations, including:
(a) the unenforceability of any of the Obligations for any reason, including as a result of the act of any governmental authority; 512400 (0614)
(b) any irregularity, fraud, illegality, defect or lack of authority or formality in incurring the Obligations, notwithstanding any inquiry that may or may not have been made by the Bank;
(c) failure of the Bank to comply with or perform any agreements relating to the Obligations;
(d) any discontinuance, renewal, extension, increase or reduction in the amount, or any other variance of any loans or credits now or hereafter made available to the Customer by the Bank or guaranteed by the Customer to the Bank or any other change to any of the terms or conditions of any of the Obligations (including, without limitation, respecting rates of interest, fees or charges, maturity dates), or any waiver by the Bank respecting any of the Obligations;
(e) the taking of or the failure by the Bank to take a guarantee from any other person;
(f) any release, compromise, settlement or any other dealing with any person, including any other Guarantor;
(g) the reorganization of the Customer or its business (whether by amalgamation, merger, transfer, sale or otherwise); and in the case of an amalgamation or merger, the liability of the Guarantor shall apply to the Obligations of the resulting or continuing entity and the term "Customer" shall include such resulting or continuing entity;
(h) the current financial condition of the Customer and any change in the Customer's financial condition;
(i) any change in control or ownership of the Customer, or if the Customer is a general or limited partnership, any change in the membership of that partnership or other entity;
(j) any change in the name, articles or other constating documents of the Customer, or its objects, business or capital structure;
(k) the bankruptcy, winding-up, dissolution, liquidation or insolvency of the Customer or any proceedings being taken by or against the Customer with respect thereto, and...
Nature of Guarantor's Liability. Guarantor agrees that Guarantor's payment obligations under this Guaranty Agreement are an independent contractual undertaking on the part of Guarantor, and that Guarantor's liability to NFS shall be joint and several with SignalShare's obligations towards NFS under the Loan Agreements. The obligations of Guarantor hereunder are a guaranty of payment and not of collection. Guarantor further agrees that NFS's remedies against Guarantor for breach of this Guaranty Agreement shall be separate and distinct from its remedies against SignalShare, and NFS may, at its sole option, proceed directly against Guarantor without first proceeding against SignalShare. Neither the failure of NFS in any particular instance to insist upon Guarantor's strict performance, nor the granting by NFS of any particular indulgence, forbearance or concession to either Guarantor or SignalShare, shall operate as a waiver on the part of NFS to thereafter insist upon Guarantor's strict performance of this Guaranty Agreement. Guarantor agrees that, absent an express agreement in writing to the contrary signed by NFS, this Guaranty Agreement shall be irrevocable by Guarantor until such time as the SignalShare’s obligations under the Loan Documents have terminated and all sums due NFS thereunder have been paid in full.
Nature of Guarantor's Liability. Guarantor agrees that Guarantor’s payment obligations under this Guaranty Agreement are an independent contractual undertaking on the part of Guarantor, and that Guarantor’s liability to City shall be joint and several with Developer’s obligations and/or liability to City under the Development Agreement. Guarantor further agrees that City’s remedies against Guarantor for breach of this Guaranty Agreement shall be separate and distinct from its remedies against Developer, and City may, at its sole option, proceed directly against Guarantor without first proceeding against Developer. Neither the failure of City in any particular instance to insist upon Guarantor’s strict performance, nor the granting by City of any particular indulgence, forbearance or concession to either Guarantor or Developer, shall operate as a waiver on the part of City to thereafter insist upon Guarantor’s strict performance of this Guaranty Agreement. Xxxxxxxxx agrees that, absent an express agreement in writing to the contrary signed by City, this Guaranty Agreement shall be irrevocable by Guarantor until such time as the Developer’s obligations under the Development Agreement have been fully satisfied and the City has released Developer from any further obligations thereunder.
Nature of Guarantor's Liability. The liability of the Guarantor under this Guarantee is continuing, absolute and unconditional and will not be affected by any act, omission, event or circumstance that might constitute a legal or equitable defence to or a discharge, limitation or reduction of the liability of the Guarantor hereunder, other than as a result of the indefeasible payment in full of the Obligations, including:
Nature of Guarantor's Liability. The obligations and liabilities of Guarantor under this Guaranty are independent of the obligations and liabilities of AMT, and a separate action or actions may be brought and prosecuted against Guarantor whether action is brought against AMT or any other guarantor or Person, or whether AMT or any other guarantor or Person are joined in any such action or actions. As used in this Guaranty, "Person" means any individual or entity.
Nature of Guarantor's Liability. The obligations and liabilities of Guarantors under this Guaranty are joint and several and independent of the obligations of Corporation and a separate action or actions may be brought and prosecuted against Guarantors whether action is
