No Release or Discharge. This Guaranty is a direct and primary obligation of Guarantor and shall be an irrevocable, unconditional, absolute and continuing guaranty, irrespective of the following potential defenses: 2.2.1 any invalidity, voidability or unenforceability of, or defect or deficiency applicable to Obligor in respect of, the Agreement or any other documents executed in connection with the Agreement based on Obligor’s lack of corporate power and authority to enter into the Agreement or such other documents or the failure of the Agreement or such other documents to be duly authorized and executed by Obligor and its signatories; 2.2.2 any postponement or extension of the date on which any payment must be made pursuant to the Agreement or postponement or extension of the date on which any act must be performed by Obligor thereunder, provided that any such postponement or extension shall be deemed to apply to the Guarantor’s obligations hereunder in the same way that it applies to Obligor’s obligations under the Agreement; 2.2.3 whether or not Guarantor received direct notice of or consented to any modification, amendment, supplement, renewal or waiver of the Agreement or any of the terms or conditions of the Agreement, including under a Change Order, provided that the Guaranteed Obligations shall not be greater than the obligations of Obligor under the Agreement, as the Agreement may be so modified, amended, supplemented, renewed or waived without Guarantor’s consent; 2.2.4 any failure, omission or delay on the part of Beneficiary or any other Person to confirm or comply with any of the terms or conditions of the Agreement or any other documents executed in connection with the Agreement; 2.2.5 except as to applicable statutes of limitation or other contractual period of limitation, the failure, omission, delay, or refusal by Beneficiary to exercise against Obligor, in whole or in part, any right or remedy held by Beneficiary with respect to the Agreement; 2.2.6 any legal disability of Guarantor, or any release or discharge of Guarantor by a bankruptcy court; 2.2.7 any stay applicable to any enforcement of the Guaranteed Obligations against Obligor; 2.2.8 any rights of subrogation, reimbursement, indemnity or contribution that Guarantor or Beneficiary may have against Obligor; 2.2.9 any lack of knowledge by Guarantor as to the condition (including financial) of Obligor, since Guarantor shall be responsible for obtaining its own knowledge of such condition; 2.2.10 any election of remedies by Beneficiary, even if such election of remedies impairs or destroys Guarantor’s right of subrogation against Obligor; 2.2.11 any merger, consolidation, termination of or change in corporate existence, structure or ownership of Obligor, any JV Member or Guarantor, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Obligor, and JV Member or its assets; 2.2.12 any amendment, termination or material breach of, or any dispute, claim, litigation or arbitration arising under, the JV Agreement; or 2.2.13 subject to the defenses available to Guarantor pursuant to Section 2.6.2, any other occurrence or circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or which might otherwise limit recourse against Guarantor all without notice to or further assent by Guarantor, who shall remain bound by this Guaranty, which shall remain in full force and effect until all of the Guaranteed Obligations have been paid in full or otherwise extinguished. No action which Beneficiary shall take or fail to take in connection with the Guaranteed Obligations, nor any course of dealing with Obligor or any other person, shall release Guarantor’s obligations hereunder, affect this Guaranty in any way, or afford Guarantor any recourse against Beneficiary. This Guaranty is in no way conditioned or contingent upon any attempt to collect from or enforce performance or payment by Obligor or upon any other event, contingency or circumstance whatsoever. Beneficiary shall not be obligated to take any action, obtain any judgment or file any claim prior to enforcing this Guarantee. Beneficiary shall not be obligated to file any claim relating to the Obligations in the event that Obligor becomes subject to a bankruptcy, reorganization or similar proceeding, and the failure of Beneficiary to so file shall not affect Guarantor’s obligations hereunder. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations are annulled, set aside, invalidated, declared to be fraudulent or preferential, rescinded or must otherwise be returned, refunded or repaid by Beneficiary upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of Obligor or any other guarantor, or upon or as a result of the appointment of a receiver or conservator of, or trustee for Obligor or any other guarantor or any substantial part of its property or otherwise, all as though such payment or payments had not been made.
Appears in 6 contracts
Samples: Guaranty (Venture Global, Inc.), Contractor Guarantee (Venture Global, Inc.), Guaranty (Venture Global, Inc.)
No Release or Discharge. This Guaranty is a direct and primary obligation of Guarantor and shall be an irrevocable, unconditional, absolute and continuing guaranty, irrespective of the following potential defenses:
2.2.1 any invalidity, voidability or unenforceability of, or defect or deficiency applicable to Obligor in respect of, : the Agreement or any other documents executed in connection with the Agreement based on Obligor’s lack of corporate power and authority to enter into the Agreement or such other documents or the failure of the Agreement or such other documents to be duly authorized and executed by Obligor and its signatories;
2.2.2 any postponement or extension of the date on which any payment must be made pursuant to the Agreement or postponement or extension of the date on which any act must be performed by Obligor thereunder, provided that any such postponement or extension shall be deemed to apply to the Guarantor’s obligations hereunder in the same way that it applies to Obligor’s obligations under the Agreement;
2.2.3 whether or not Guarantor received direct notice of or consented to any modification, amendment, supplement, renewal or waiver of the Agreement or any of the terms or conditions of the Agreement, including under a Change Order, provided that the Guaranteed Obligations shall not be greater than the obligations of Obligor under the Agreement, as the Agreement may be so modified, amended, supplemented, renewed or waived without Guarantor’s consent;
2.2.4 any failure, omission or delay on the part of Beneficiary or any other Person to confirm or comply with any of the terms or conditions of the Agreement or any other documents executed in connection with the Agreement;
2.2.5 except as to applicable statutes of limitation or other contractual period of limitation, the failure, omission, delay, or refusal by Beneficiary to exercise against Obligor, in whole or in part, any right or remedy held by Beneficiary with respect to the Agreement;
2.2.6 any legal disability of Guarantor, or any release or discharge of Guarantor by a bankruptcy court;
2.2.7 any stay applicable to any enforcement of the Guaranteed Obligations against Obligor;
2.2.8 any rights of subrogation, reimbursement, indemnity or contribution that Guarantor or Beneficiary may have against Obligor;
2.2.9 any lack of knowledge by Guarantor as to the condition (including financial) of Obligor, since Guarantor shall be responsible for obtaining its own knowledge of such condition;
2.2.10 any election of remedies by Beneficiary, even if such election of remedies impairs or destroys Guarantor’s right of subrogation against Obligor;
2.2.11 any merger, consolidation, termination of or change in corporate existence, structure or ownership of Obligor, any JV Member or Guarantor, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Obligor, and JV Member or its assets;
2.2.12 any amendment, termination or material breach of, or any dispute, claim, litigation or arbitration arising under, the JV Agreement; or
2.2.13 subject to the defenses available to Guarantor pursuant to Section 2.6.2, any other occurrence or circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or which might otherwise limit recourse against Guarantor all without notice to or further assent by Guarantor, who shall remain bound by this Guaranty, which shall remain in full force and effect until all of the Guaranteed Obligations have been paid in full or otherwise extinguished. No action which Beneficiary shall take or fail to take in connection with the Guaranteed Obligations, nor any course of dealing with Obligor or any other person, shall release Guarantor’s obligations hereunder, affect this Guaranty in any way, or afford Guarantor any recourse against Beneficiary. This Guaranty is in no way conditioned or contingent upon any attempt to collect from or enforce performance or payment by Obligor or upon any other event, contingency or circumstance whatsoever. Beneficiary shall not be obligated to take any action, obtain any judgment or file any claim prior to enforcing this Guarantee. Beneficiary shall not be obligated to file any claim relating to the Obligations in the event that Obligor becomes subject to a bankruptcy, reorganization or similar proceeding, and the failure of Beneficiary to so file shall not affect Guarantor’s obligations hereunder. , This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations are arc annulled, set aside, invalidated, declared to be fraudulent or preferential, rescinded or must otherwise be returned, refunded or repaid by Beneficiary upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of Obligor or any other guarantor, or upon or as a result of the appointment of a receiver or conservator of, or trustee for Obligor or any other guarantor or any substantial part of its property or otherwise, all as though such payment or payments had not been made.
Appears in 2 contracts
Samples: Contractor Guarantee (Venture Global, Inc.), Contractor Guarantee (Venture Global, Inc.)
No Release or Discharge. This Guaranty is a direct and primary obligation of Guarantor and shall be an irrevocable, unconditional, absolute and continuing guaranty, irrespective of the following potential defenses:
2.2.1 any invalidity, voidability or unenforceability of, or defect or deficiency applicable to Obligor in respect of, the Agreement or any other documents executed in connection with the Agreement based on Obligor’s lack of corporate power and authority to enter into the Agreement or such other documents or the failure of the Agreement or such other documents to be duly authorized and executed by Obligor and its signatories;
2.2.2 any postponement or extension of the date on which any payment must be made pursuant to the Agreement or postponement or extension of the date on which any act must be performed by Obligor thereunder, provided that any such postponement or extension shall be deemed to apply to the Guarantor’s obligations hereunder in the same way that it applies to Obligor’s obligations under the Agreement;
2.2.3 whether or not Guarantor received direct notice of or consented to any modification, amendment, supplement, renewal or waiver of the Agreement or any of the terms or conditions of the Agreement, including under a Change Order, provided that the Guaranteed Obligations shall not be greater than the obligations of Obligor under the Agreement, as the Agreement may be so modified, amended, supplemented, renewed or waived without Guarantor’s consent;
2.2.4 any failure, omission or delay on the part of Beneficiary or any other Person to confirm or comply with any of the terms or conditions of the Agreement or any other documents executed in connection with the Agreement;
2.2.5 except as to applicable statutes of limitation or other contractual period of limitation, the failure, omission, delay, or refusal by Beneficiary to exercise against Obligor, in whole or in part, any right or remedy held by Beneficiary with respect to the Agreement;
2.2.6 any legal disability of Guarantor, or any release or discharge of Guarantor by a bankruptcy court;
2.2.7 any stay applicable to any enforcement of the Guaranteed Obligations against Obligor;
2.2.8 any rights of subrogation, reimbursement, indemnity or contribution that Guarantor or Beneficiary may have against Obligor;
2.2.9 any lack of knowledge by Guarantor as to the condition (including financial) of Obligor, since Guarantor shall be responsible for obtaining its own knowledge of such condition;
2.2.10 any election of remedies by Beneficiary, even if such election of remedies impairs or destroys Guarantor’s right of subrogation against Obligor;
2.2.11 any merger, consolidation, termination of or change in corporate existence, structure or ownership of Obligor, any JV Member Obligor or Guarantor, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Obligor, and JV Member Obligor or its assets;
2.2.12 any amendment, termination or material breach of, or any dispute, claim, litigation or arbitration arising under, the JV Agreement; or
2.2.13 2.2.12 subject to the defenses available to Guarantor pursuant to Section 2.6.2, any other occurrence or circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or which might otherwise limit recourse against Guarantor all without notice to or further assent by Guarantor, who shall remain bound by this Guaranty, which shall remain in full force and effect until all of the Guaranteed Obligations have been paid in full or otherwise extinguished. No action which Beneficiary shall take or fail to take in connection with the Guaranteed Obligations, nor any course of dealing with Obligor or any other person, shall release Guarantor’s obligations hereunder, affect this Guaranty in any way, or afford Guarantor any recourse against Beneficiary. This Guaranty is in no way conditioned or contingent upon any attempt to collect from or enforce performance or payment by Obligor or upon any other event, contingency or circumstance whatsoever. Beneficiary shall not be obligated to take any action, obtain any judgment or file any claim prior to enforcing this Guarantee. Beneficiary shall not be obligated to file any claim relating to the Obligations in the event that Obligor becomes subject to a bankruptcy, reorganization or similar proceeding, and the failure of Beneficiary to so file shall not affect Guarantor’s obligations hereunder. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations are annulled, set aside, invalidated, declared to be fraudulent or preferential, rescinded or must otherwise be returned, refunded or repaid by Beneficiary upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of Obligor or any other guarantor, or upon or as a result of the appointment of a receiver or conservator of, or trustee for Obligor or any other guarantor or any substantial part of its property or otherwise, all as though such payment or payments had not been made.
Appears in 2 contracts
Samples: Contractor Guarantee (Venture Global, Inc.), Contractor Guarantee (Venture Global, Inc.)
No Release or Discharge. This Guaranty is a direct and primary obligation of Guarantor and shall be an irrevocable, unconditional, absolute and continuing guaranty, irrespective of the following potential defenses:
2.2.1 any invalidity, voidability or unenforceability of, or defect or deficiency applicable to Obligor in respect of, the Agreement or any other documents executed in connection with the Agreement based on Obligor’s lack of corporate power and authority to enter into the Agreement or such other documents or the failure of the Agreement or such other documents to be duly authorized and executed by Obligor and its signatories;
2.2.2 any postponement or extension of the date on which any payment must be made pursuant to the Agreement or postponement or extension of the date on which any act must be performed by Obligor thereunder, provided that any such postponement or extension shall be deemed to apply to the Guarantor’s obligations hereunder in the same way that it applies to Obligor’s obligations under the Agreement;
2.2.3 whether or not Guarantor received direct notice of or consented to any modification, amendment, supplement, renewal or waiver of the Agreement or any of the terms or conditions of the Agreement, including under a Change Order, provided that the Guaranteed Obligations shall not be greater than the obligations of Obligor under the Agreement, as the Agreement may be so modified, amended, supplemented, renewed or waived without Guarantor’s consent;
2.2.4 any failure, omission or delay on the part of Beneficiary or any other Person to confirm or comply with any of the terms or conditions of the Agreement or any other documents executed in connection with the Agreement;
2.2.5 except as to applicable statutes of limitation or other contractual period of limitation, the failure, omission, delay, or refusal by Beneficiary to exercise against Obligor, in whole or in part, any right or remedy held by Beneficiary with respect to the Agreement;
2.2.6 any legal disability of Guarantor, or any release or discharge of Guarantor by a bankruptcy court;
2.2.7 any stay applicable to any enforcement of the Guaranteed Obligations against Obligor;
2.2.8 any rights of subrogation, reimbursement, indemnity or contribution that Guarantor or Beneficiary may have against Obligor;
2.2.9 any lack of knowledge by Guarantor as to the condition (including financial) of Obligor, since Guarantor shall be responsible for obtaining its own knowledge of such condition;
2.2.10 any election of remedies by Beneficiary, even if such election of remedies impairs or destroys Guarantor’s right of subrogation against Obligor;
2.2.11 any merger, consolidation, termination of or change in corporate existence, structure or ownership of Obligor, any JV Member or Guarantor, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Obligor, and JV Member or its assets;
2.2.12 any amendment, termination or material breach of, or any dispute, claim, litigation or arbitration arising under, the JV Agreement; or
2.2.13 subject to the defenses available to Guarantor pursuant to Section 2.6.2, any other occurrence or circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or which might otherwise limit recourse against Guarantor all without notice to or further assent by Guarantor, who shall remain bound by this Guaranty, which shall remain in full force and effect until all of the Guaranteed Obligations have been paid in full or otherwise extinguished. No action which Beneficiary shall take or fail to take in connection with the Guaranteed Obligations, nor any course of dealing with Obligor or any other person, shall release Guarantor’s obligations hereunder, affect this Guaranty in any way, or afford Guarantor any recourse against Beneficiary. This Guaranty is in no way conditioned or contingent upon any attempt to collect from or enforce performance or payment by Obligor or upon any other event, contingency or circumstance whatsoever. Beneficiary shall not be obligated to take any action, obtain any judgment or file any claim prior to enforcing this Guarantee. Beneficiary shall not be obligated to file any claim relating to the Obligations in the event that Obligor becomes subject to a bankruptcy, reorganization or similar proceeding, and the failure of Beneficiary to so file shall not affect Guarantor’s obligations hereunder. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations are annulled, set aside, invalidated, declared to be fraudulent or preferential, rescinded or must otherwise be returned, refunded or repaid by Beneficiary upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of Obligor or any other guarantor, or upon or as a result of the appointment of a receiver or conservator of, or trustee for Obligor or any other guarantor or any substantial part of its property or otherwise, all as though such payment or payments had not been made.
Appears in 2 contracts
Samples: Guaranty (Venture Global, Inc.), Guaranty (Venture Global, Inc.)
No Release or Discharge. This Guaranty is a direct and primary obligation of Guarantor and shall be an irrevocable, unconditional, absolute and continuing guaranty, irrespective of the following potential defenses:
2.2.1 any invalidity, voidability or unenforceability of, or defect or deficiency applicable to Obligor in respect of, : the Agreement or any other documents executed in connection with the Agreement based on Obligor’s lack of corporate power and authority to enter into the Agreement or such other documents or the failure of the Agreement or such other documents to be duly authorized and executed by Obligor and its signatories;
2.2.2 any postponement or extension of the date on which any payment must be made pursuant to the Agreement or postponement or extension of the date on which any act must be performed by Obligor thereunder, provided that any such postponement or extension shall be deemed to apply to the Guarantor’s obligations hereunder in the same way that it applies to Obligor’s obligations under the Agreement;
2.2.3 whether or not Guarantor received direct notice of or consented to any modification, amendment, supplement, renewal or waiver of the Agreement or any of the terms or conditions of the Agreement, including under a Change Order, provided that the Guaranteed Obligations shall not be greater than the obligations of Obligor under the Agreement, as the Agreement may be so modified, amended, supplemented, renewed or waived without Guarantor’s consent;
2.2.4 any failure, omission or delay on the part of Beneficiary or any other Person to confirm or comply with any of the terms or conditions of the Agreement or any other documents executed in connection with the Agreement;
2.2.5 except as to applicable statutes of limitation or other contractual period of limitation, the failure, omission, delay, or refusal by Beneficiary to exercise against Obligor, in whole or in part, any right or remedy held by Beneficiary with respect to the Agreement;
2.2.6 any legal disability of Guarantor, or any release or discharge of Guarantor by a bankruptcy court;
2.2.7 any stay applicable to any enforcement of the Guaranteed Obligations against Obligor;
2.2.8 any rights of subrogation, reimbursement, indemnity or contribution that Guarantor or Beneficiary may have against Obligor;
2.2.9 any lack of knowledge by Guarantor as to the condition (including financial) of Obligor, since Guarantor shall be responsible for obtaining its own knowledge of such condition;
2.2.10 any election of remedies by Beneficiary, even if such election of remedies impairs or destroys Guarantor’s right of subrogation against Obligor;
2.2.11 any merger, consolidation, termination of or change in corporate existence, structure or ownership of Obligor, any JV Member or Guarantor, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Obligor, and JV Member or its assets;
2.2.12 any amendment, termination or material breach of, or any dispute, claim, litigation or arbitration arising under, the JV Agreement; or
2.2.13 subject to the defenses available to Guarantor pursuant to Section 2.6.2, any other occurrence or circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or which might otherwise limit recourse against Guarantor all without notice to or further assent by Guarantor, who shall remain bound by this Guaranty, which shall remain in full force and effect until all of the Guaranteed Obligations have been paid in full or otherwise extinguished. No action which Beneficiary shall take or fail to take in connection with the Guaranteed Obligations, nor any course of dealing with Obligor or any other person, shall release Guarantor’s obligations hereunder, affect this Guaranty in any way, or afford Guarantor any recourse against Beneficiary. This Guaranty is in no way conditioned or contingent upon any attempt to collect from or enforce performance or payment by Obligor or upon any other event, contingency or circumstance whatsoever. Beneficiary shall not be obligated to take any action, obtain any judgment or file any claim prior to enforcing this Guarantee. Beneficiary shall not be obligated to file any claim relating to the Obligations in the event that Obligor becomes subject to a bankruptcy, reorganization or similar proceeding, and the failure of Beneficiary to so file shall not affect Guarantor’s obligations hereunder. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations are annulled, set aside, invalidated, declared to be fraudulent or preferential, rescinded or must otherwise be returned, refunded or repaid by Beneficiary upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of Obligor or any other guarantor, or upon or as a result of the appointment of a receiver or conservator of, or trustee for Obligor or any other guarantor or any substantial part of its property or otherwise, all as though such payment or payments had not been made.
Appears in 1 contract
Samples: Guaranty (Venture Global, Inc.)
No Release or Discharge. This Guaranty is a direct and primary obligation of Guarantor and shall be an irrevocable, unconditional, absolute and continuing guaranty, irrespective of the following potential defenses:
2.2.1 any invalidity, voidability or unenforceability of, or defect or deficiency applicable to Obligor in respect of, the Agreement or any other documents executed in connection with the Agreement based on Obligor’s lack of corporate power and authority to enter into the Agreement or such other documents or the failure of the Agreement or such other documents to be duly authorized and executed by Obligor and its signatories;
2.2.2 any postponement or extension of the date on which any payment must be made pursuant to the Agreement or postponement or extension of the date on which any act must be performed by Obligor thereunder, provided that any such postponement or extension shall be deemed to apply to the Guarantor’s obligations hereunder in the same way that it applies to Obligor’s obligations under the Agreement;
2.2.3 whether or not Guarantor received direct notice of or consented to any modification, amendment, supplement, renewal or waiver of the Agreement or any of the terms or conditions of the Agreement, including under a Change Order, provided that the Guaranteed Obligations shall not be greater than the obligations of Obligor under the Agreement, as the Agreement may be so modified, amended, supplemented, renewed or waived without Guarantor’s consent;
2.2.4 any failure, omission or delay on the part of Beneficiary or any other Person to confirm or comply with any of the terms or conditions of the Agreement or any other documents executed in connection with the Agreement;
2.2.5 except as to applicable statutes of limitation or other contractual period of limitation, the failure, omission, delay, or refusal by Beneficiary to exercise against Obligor, in whole or in part, any right or remedy held by Beneficiary with respect to the Agreement;
2.2.6 any legal disability of Guarantor, or any release or discharge of Guarantor by a bankruptcy court;
2.2.7 any stay applicable to any enforcement of the Guaranteed Obligations against Obligor;
2.2.8 any rights of subrogation, reimbursement, indemnity or contribution that Guarantor or Beneficiary may have against Obligor;
2.2.9 any lack of knowledge by Guarantor as to the condition (including financial) of Obligor, since Guarantor shall be responsible for obtaining its own knowledge of such condition;
2.2.10 any election of remedies by Beneficiary, even if such election of remedies impairs or destroys Guarantor’s right of subrogation against Obligor;
2.2.11 any merger, consolidation, termination of or change in corporate existence, structure or ownership of Obligor, any JV Member Obligor or Guarantor, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Obligor, and JV Member Obligor or its assets;
2.2.12 any amendment, termination or material breach of, or any dispute, claim, litigation or arbitration arising under, the JV Agreement; or
2.2.13 2.2.12 subject to the defenses available to Guarantor pursuant to Section 2.6.2, any other occurrence or circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or which might otherwise limit recourse against Guarantor all without notice to or further assent by Guarantor, who shall remain bound by this Guaranty, which shall remain in full force and effect until all of the Guaranteed Obligations have been paid in full or otherwise extinguished. No action which Beneficiary shall take or fail to take in connection with the Guaranteed Obligations, nor any course of dealing with Obligor or any other person, shall release Guarantor’s obligations hereunder, affect this Guaranty in any way, or afford Guarantor any recourse against Beneficiary. This Guaranty is in no way conditioned or contingent upon any attempt to collect from or enforce performance or payment by Obligor or upon any other event, contingency or circumstance whatsoever. Beneficiary shall not be obligated to take any action, obtain any judgment or file any claim prior to enforcing this Guarantee. Beneficiary shall not be obligated to file any claim relating to the Obligations in the event that Obligor becomes subject to a bankruptcy, reorganization or similar proceeding, and the failure of Beneficiary to so file shall not affect Guarantor’s obligations hereunder. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations are annulled, set aside, invalidated, declared to be fraudulent or preferential, rescinded or must otherwise be returned, refunded or repaid by Beneficiary upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of Obligor or any other guarantor, or upon or as a result of the appointment of a receiver or conservator of, or trustee for Obligor or any other guarantor or any substantial part of its property or otherwise, all as though such payment or payments had not been made.all
Appears in 1 contract
Samples: Guaranty (Venture Global, Inc.)
