Common use of Nature of Guaranty Clause in Contracts

Nature of Guaranty. The Guarantor hereby agrees that its obligations under this Guaranty shall be irrevocable and unconditional, irrespective of the validity, or enforceability of the Contract against the Seller (other than as a result of the unenforceability thereof against PG&E), the absence of any action or measure to enforce the Seller’s Obligations under the Contract, any waiver or consent of PG&E with respect to any provisions thereof, the entry by the Seller and PG&E into amendments to the Contract for additional services under the Contract or otherwise, or any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor (excluding the defense of payment). The Guarantor agrees that the obligations of the Guarantor under this Guaranty will upon the execution of any such amendment by the Seller and PG&E extend to all such amendments without the taking of further action by the Guarantor, the Seller, or PG&E. The Guarantor agrees that the Seller and PG&E may, without prior written consent of the Guarantor, mutually agree to modify the Obligations or the Contract or any agreement between the Seller and PG&E, without in any way impairing or affecting this Guaranty.

Appears in 24 contracts

Samples: Long Term Resource Adequacy Agreement, Resource Adequacy Agreement, Long Term Resource Adequacy Agreement

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Nature of Guaranty. The Guarantor hereby agrees that its obligations under this Guaranty shall be irrevocable and unconditional, irrespective of the validity, or enforceability of the Contract against the Seller (other than as a result of the unenforceability thereof against PG&E), the absence of any action or measure to enforce the Seller’s Obligations under the Contract, any waiver or consent of PG&E with respect to any provisions thereof, the entry by the Seller and PG&E into amendments to the Contract for additional services under the Contract or otherwise, or any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor (excluding the defense of payment). The Guarantor agrees that the obligations of the Guarantor under this Guaranty will upon the execution of any such amendment by the Seller and PG&E extend to all such amendments without the taking of further action by the Guarantor, the Seller, or PG&E. The Guarantor agrees that the Seller and PG&E may, without prior written consent of the Guarantor, mutually agree to modify the Obligations or the Contract or any agreement between the Seller and PG&E, without in any way impairing or affecting this Guaranty.

Appears in 3 contracts

Samples: Long Term Resource Adequacy Agreement, Long Term Resource Adequacy Agreement, Long Term Resource Adequacy Agreement

Nature of Guaranty. The Guarantor hereby agrees that its obligations under this Guaranty shall be irrevocable and unconditional, irrespective of the validity, or enforceability of the Contract Contract(s) against the Seller (other than as a result of the unenforceability thereof against PG&E), the absence of any action or measure to enforce the Seller’s Obligations under the ContractContract(s), any waiver or consent of PG&E with respect to any provisions thereof, the entry by the Seller and PG&E into amendments to the Contract for additional services under the Contract or otherwiseContracts , or any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor (excluding the defense of payment). The Guarantor agrees that the obligations of the Guarantor under this Guaranty will upon the execution of any such amendment by the Seller and PG&E extend to all such amendments without the taking of further action by the Guarantor, the Seller, or PG&E. The Guarantor agrees that the Seller and PG&E may, without prior written consent of the Guarantor, mutually agree to modify the Obligations or the Contract Contract(s) or any agreement between the Seller and PG&E, without in any way impairing or affecting this Guaranty.

Appears in 1 contract

Samples: Master Allowance/Offset Credit Purchase Agreement

Nature of Guaranty. The Guarantor hereby agrees that its obligations under this Guaranty shall be irrevocable and unconditional, irrespective of the validity, or enforceability of the Contract Agreements against the Seller Counterparty (other than as a result of the unenforceability thereof against PG&E), the absence of any action or measure to enforce the SellerCounterparty’s Obligations obligations under the ContractAgreements, any waiver or consent of PG&E with respect to any provisions thereof, the entry by the Seller Counterparty and PG&E into amendments to the Contract Agreements for additional services under the Contract Agreements or otherwise, or any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor (excluding the defense of payment). The Guarantor agrees that the obligations of the Guarantor under this Guaranty will upon the execution of any such amendment by the Seller Counterparty and PG&E extend to all such amendments without the taking of further action by the Guarantor, the SellerCounterparty, or PG&E. The Guarantor agrees that the Seller Counterparty and PG&E may, without prior written consent of the Guarantor, mutually agree to modify the Obligations or the Contract Agreements or any agreement between the Seller Counterparty and PG&E, without in any way impairing or affecting this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement

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Nature of Guaranty. The Guarantor hereby agrees that its obligations under this Guaranty shall be irrevocable and unconditional, irrespective of the validity, or enforceability of the Contract Contract(s) against the Seller (other than as a result of the unenforceability thereof against PG&E), the absence of any action or measure to enforce the Seller’s Obligations under the ContractContract(s), any waiver or consent of PG&E with respect to any provisions thereof, the entry by the Seller and PG&E into amendments to the Contract for additional services under the Contract or otherwiseContracts , or any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor (excluding the defense of payment). The Guarantor agrees that the obligations of the Guarantor under this Guaranty will upon the execution of any such amendment by the Seller and PG&E extend to all such amendments without the taking of further action by the Guarantor, the Seller, or PG&E. The Guarantor agrees that the Seller and PG&E may, without prior written consent of the Guarantor, mutually agree to modify the Obligations or the Contract Contract(s) or any agreement between the Seller theSeller and PG&E, without in any way impairing or affecting this Guaranty.

Appears in 1 contract

Samples: Master Allowance/Offset Credit Purchase Agreement

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