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 Guarantor Loan Documents (a) are absolute and unconditional, (b) are unlimited in amount, (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. 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.
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. 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. It is expressly understood and agreed by Guarantor that, to the extent Guarantor’s obligations hereunder relate to Obligations which require performance other than the payment of money, the Department may proceed against Guarantor to effect specific performance thereof (to the extent such relief is available) or for payment of damages (as limited by the Agreement) resulting from the Development Entity’s nonperformance. Guarantor hereby covenants to perform or cause to be performed all of the obligations, terms and conditions on the part of the Development Entity to be performed thereunder for the balance of the term thereof. Should the Agreement be disaffirmed by the trustee in bankruptcy for the Development Entity, or at the option of the Department, Guarantor shall, in the event of the Development Entity’s bankruptcy, make and enter into a new contract performing or causing to be performed the balance of the Obligations, which said new agreement shall be in form and substance identical to the Agreement.
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.
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. 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.
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.
