Nature of Guarantor’s Obligations. Each Guarantor's obligations under this Article 10 (a) are absolute and unconditional, (b) are unlimited in amount except as provided in Section 10.02, (c) constitute a guaranty of payment and performance and not a guaranty of collection, (d) are as primary obligor and not as a surety only, (e) shall be a continuing guaranty of all present and future Guaranteed Obligations and all promissory notes and other documentation given in extension or renewal or substitution for any of the Guaranteed Obligations and (f) shall be irrevocable.
Nature of Guarantor’s Obligations. The Guarantor's obligations under the Loan Documents (a) are absolute and unconditional, (b) constitute a guaranty of payment and not a guaranty of collection, (c) are as primary obligor and not as a surety only, (d) shall be a continuing guaranty of all present and future Guaranteed Obligations and all promissory notes and other documentation given in extension or renewal or substitution for any of the Guaranteed Obligations and (e) shall be irrevocable.
Nature of Guarantor’s Obligations. The obligations of each Guarantor under this Agreement are independent of any obligation of any other Person (including the Borrower or any other guarantor) and a separate action or actions may be brought and prosecuted against any Guarantor under this Agreement whether or not any action is brought or prosecuted against any other Person (including the Borrower or any other guarantor) and whether or not any other Person (including the Borrower or any other guarantor) is joined in any action under this Agreement. The provisions of this Section 9 of the Agreement are a guaranty of payment and not merely of collection.
Nature of Guarantor’s Obligations. 6.1 This Guarantee is a continuing guarantee and, accordingly, shall remain in operation and in full force and effect (notwithstanding any intermediate satisfaction of the obligations and liabilities guaranteed hereunder by XYZ Water, the Guarantor or any other person) until all obligations (whether actual or contingent), payments, warranties, duties and undertakings now or hereafter to be carried out or performed by XYZ Water and Thames under the Agreements and all the obligations (whether actual or contingent) of the Guarantor under this Guarantee have been satisfied or performed in full.
6.2 This Guarantee is irrevocable and is in addition to and not in substitution for any other security which Thames may at any time hold for the performance of such obligations.
6.3 This Guarantee may be enforced by Thames against the Guarantor without first having recourse to any security and without taking any steps or proceedings against XYZ Water or any other person.
6.4 In the event that Thames brings legal proceedings against XYZ Water, the Guarantor will be bound by any decision of any adjudicator and by any judgment made by the court in such proceedings.
Nature of Guarantor’s Obligations. The Guarantor’s obligations under this Guaranty are independent of any obligation of the Company or any other person, and a separate action or actions may be brought and prosecuted against the Guarantor under this Guaranty whether or not any action is brought or prosecuted against the Obligors or any other person and whether or not the Company or any other person is joined in any action under this Guaranty. This is a guaranty of payment and not merely of collection.
Nature of Guarantor’s Obligations. This guaranty Agreement is a continuing obligation of the Guarantors and shall (i) be binding upon the Guarantors, their respective heirs, executors, personal representatives successors and permitted assigns, and (ii) inure to the benefit of and be enforceable by the Bank and its successors, transferees and assigns; provided, that neither of the Guarantors may assign all or any part of this Guaranty Agreement or the rights or obligations of such Guarantor hereunder without the prior written consent of the Bank; and, provided further, that unless the Bank shall agree in writing to release any Guarantor from its rights or obligations hereunder, no such assignment (whether or not consented to by the Bank) shall in itself relieve or release such Guarantor from its obligations hereunder.
Nature of Guarantor’s Obligations. 3.1 The Guarantee shall be unconditional, irrevocable and a continuing security which shall be and continue in full force and effect irrespective of the legality, validity or enforceability of any provision of the Transaction Agreements in relation to the SPV, until all the obligations of the SPV under the Transaction Agreements have been discharged or satisfied in full notwithstanding the liquidation administration or other incapacity or any change in the constitution, status or function of any of the Principals or the SPV or in the name and style thereof or any settlement of account or other matter whatsoever. Each Principal hereby irrevocably waives all or any rights it may have to apply for any relief in relation to the Guarantee.
3.2 The Guarantee shall be in addition to and not in substitution for or derogation of any other security held by the Government for whose benefit the Guarantee is given and shall not merge with or otherwise prejudice or affect or be prejudiced or affected by such other security, right, remedy, guarantee or indemnity and may be enforced without first having recourse to such other security, right, remedy, guarantee or indemnity.
3.3 The Guarantee shall be a primary obligation of each Principal and accordingly, the Government, for whose benefit the Guarantee is given, shall not be obliged before enforcing the Guarantee to make any demand on the SPV under the Transaction Agreements, any other agreement or security to take any steps to enforce any right or remedy against the SPV or any other Person.
Nature of Guarantor’s Obligations. (a) The obligations of the Guarantor under this Deed in respect of the Agreement are principal obligations and are not released, discharged or otherwise affected by anything which but for this provision might have that effect, including:
(i) the grant to any person of any time, concession, waiver, covenant not to xxx or other indulgence or release;
(ii) any arrangement made between the Principal and Non-Owner Participant;
(iii) any alteration, amendment or variation of the Agreement; or
(iv) any assignment, novation, assumption or transfer of, or other dealing with, any rights or obligations under the Agreement.
(b) Paragraph (a) applies irrespective of the consent or knowledge, or lack of consent or knowledge, of the Principal, the Guarantor or any other person of any event described in paragraph (a) or of any rule of law or equity to the contrary.
Nature of Guarantor’s Obligations. The Guarantor's obligations under this Agreement are independent of any obligation of the Company or any other person, and a separate action or actions may be brought and prosecuted against the Guarantor under this Agreement whether or not any action is brought or prosecuted against the Company or any other person and whether or not the Company or any other person is joined in any action under this Agreement. This is a guarantee of payment and not merely of collection.
Nature of Guarantor’s Obligations. Each Guarantor’s Obligations hereunder shall not be in any way reduced or offset and no Guarantor shall have any rights against Agent or any Lender by reason of any action Agent or any Lender may take or omit to take with respect to the Guaranteed Obligations, under this Guaranty, under the Loan Documents or with respect to the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay and perform the Guaranteed Obligations pursuant to the terms hereof. It is the unambiguous and unequivocal intention of each Guarantor that each Guarantor shall be obligated to pay and perform the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or not contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment, performance and satisfaction of such Guaranteed Obligations. Notwithstanding the foregoing, Guarantor’s obligations hereunder shall automatically terminate from and after such time as all amounts due and payable under the Loan Documents have been fully and finally paid and any and all other Obligations under the Loan Documents have been fully, finally and indefeasibly satisfied and performed.
