Common use of Obligations Guaranteed Clause in Contracts

Obligations Guaranteed. To induce FGI to enter into the MamaMancini’s Agreement and consider extending or continuing to extend credit or purchase receivables from time to time to Client thereunder, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Guarantor, intending to be legally bound hereby, absolutely and unconditionally guarantees and becomes surety for the payment and performance when due (at maturity, upon acceleration, or otherwise) of all of the debts and obligations of Client of every kind or nature, whether joint or several, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise, and arising under the MamaMancini’s Agreement or otherwise (including without limitation any interest and/or expenses accruing following the commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to Client, whether or not a claim for post-petition interest and/or expenses is allowed in such case or proceeding) (collectively, the “Obligations”). Guarantor shall also pay or reimburse FGI on demand for all costs and expenses, including without limitation attorneys’ fees, incurred by FGI at any time to enforce, protect, preserve, or defend FGI’s rights hereunder and with respect to any property securing this Agreement. All payments hereunder shall be made in lawful money of the United States, in immediately available funds. Unless otherwise defined herein, all capitalized terms shall have the respective meanings given to such terms in the MamaMancini’s Agreement.

Obligations Guaranteed. To induce FGI to enter into the MamaMancini’s Corgenix UK Agreement and consider extending or continuing to extend credit or purchase receivables from time to time to Client thereunder, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Guarantor, intending to be legally bound hereby, absolutely and unconditionally guarantees and becomes surety for the payment and performance when due (at maturity, upon acceleration, or otherwise) of all of the debts and obligations of Client of every kind or nature, whether joint or several, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise, and arising under the MamaMancini’s Corgenix UK Agreement or otherwise (including without limitation any interest and/or expenses accruing following the commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to Client, whether or not a claim for post-petition interest and/or expenses is allowed in such case or proceeding) (collectively, the “Obligations”). Guarantor shall also pay or reimburse FGI on demand for all costs and expenses, including without limitation attorneys’ fees, incurred by FGI at any time to enforce, protect, preserve, or defend FGI’s rights hereunder and with respect to any property securing this Agreement. All payments hereunder shall be made in lawful money of the United States, in immediately available funds. Unless otherwise defined herein, all capitalized terms shall have the respective meanings given to such terms in the MamaMancini’s Corgenix UK Agreement.

Obligations Guaranteed. To induce FGI to enter into the MamaMancini’s Magla Agreement and consider extending or continuing to extend credit or purchase receivables from time to time to Client thereunder, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Guarantor, intending to be legally bound hereby, absolutely and unconditionally guarantees and becomes surety for the payment and performance when due (at maturity, upon acceleration, or otherwise) of all of the debts and obligations of Client of every kind or nature, whether joint or several, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise, and arising under the MamaMancini’s Magla Agreement or otherwise (including without limitation any interest and/or expenses accruing following the commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to Client, whether or not a claim for post-petition interest and/or expenses is allowed in such case or proceeding) (collectively, the “Obligations”’’’). Guarantor shall also pay or reimburse FGI on demand for all costs and expenses, including without limitation attorneys’ fees, incurred by FGI at any time to enforce, protect, preserve, or defend FGI’s FGFs rights hereunder and with respect to any property securing this Agreement. All payments hereunder shall be made in lawful money of the United States, in immediately available funds. Unless otherwise defined herein, all capitalized terms shall have the respective meanings given to such terms in the MamaMancini’s Magla Agreement.

Obligations Guaranteed. To induce FGI to enter into the MamaMancini’s Agreement MFA and consider extending or continuing to extend credit or purchase receivables from time to time to Client thereunder, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Guarantor, intending to be legally bound hereby, absolutely and unconditionally guarantees and becomes surety for the payment and performance when due (at maturity, upon acceleration, or otherwise) of all of the debts and obligations of Client to FGI of every kind or naturenature (including the Secured Obligations), whether joint or several, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise, and arising under the MamaMancini’s Agreement MFA or otherwise (including without limitation any interest and/or expenses accruing following the commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to Client, whether or not a claim for post-petition interest and/or expenses is allowed in such case or proceeding) (collectively, the “Obligations”). Guarantor shall also pay or reimburse FGI on demand for all costs and expenses, including without limitation attorneys’ fees, incurred by FGI at any time to enforce, protect, preserve, or defend FGI’s rights hereunder and with respect to any property securing this Agreement. All payments hereunder shall be made in lawful money of the United States, in immediately available funds. Unless otherwise defined herein, all capitalized terms shall have the respective meanings given to such terms in the MamaMancini’s AgreementMFA or the Debenture.

Obligations Guaranteed. To induce FGI to enter into the MamaMancini’s Agreement Sale Agreements and consider extending or continuing to extend credit or purchase receivables from time to time to Client Clients thereunder, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Guarantor, jointly and severally, intending to be legally bound hereby, absolutely and unconditionally guarantees and becomes surety for the payment and performance when due (at maturity, upon acceleration, or otherwise) of all of the debts and obligations of Client Clients, or any of them, to FGI or any successor or assign of FGI, of every kind or nature, whether joint or several, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise, and arising under the MamaMancini’s Agreement Sale Agreements or otherwise (including without limitation any interest and/or expenses accruing following the commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to any Client, whether or not a claim for post-petition interest and/or expenses is allowed in such case or proceeding) (collectively, the “Obligations”). Each Guarantor shall also pay or reimburse FGI on demand for all costs and expenses, including without limitation attorneys’ fees, incurred by FGI at any time to enforce, protect, preserve, or defend FGI’s rights hereunder and with respect to any property securing this Agreement. All payments hereunder shall be made in lawful money of the United States, in immediately available funds. Unless otherwise defined herein, all capitalized terms shall have the respective meanings given to such terms in the MamaMancini’s AgreementSale Agreements.

Obligations Guaranteed. To induce FGI Lender to enter into the MamaMancini’s Agreement establish and/or continue financing arrangements with and consider making or continuing certain loans and extending or continuing to extend credit or purchase receivables from time to time to Client thereunderMonticello Raceway Management, Inc. ("Borrower"), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, GuarantorSurety, intending to be legally bound herebybound, hereby absolutely and unconditionally guarantees and becomes surety for the payment and performance when due (at maturity, upon acceleration, or otherwise) of all of the debts and obligations Obligations of Client Borrower of every kind or nature, whether joint or several, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise, and arising under the MamaMancini’s Agreement or otherwise (including without limitation any interest and/or expenses accruing following the commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to ClientBorrower, whether or not a claim for post-petition interest and/or expenses is allowed in such case or proceeding) (collectively, the “Obligations”). Guarantor The Surety shall also pay or reimburse FGI Lender on demand for all costs and expenses, including without limitation attorneys’ ' fees, incurred by FGI Lender at any time to enforce, protect, preserve, or defend FGI’s Lender's rights hereunder and with respect to any property securing this Agreement. All payments hereunder shall be made in lawful money of the United States, in immediately available funds. Unless otherwise defined herein, all capitalized terms shall have the respective meanings given to such terms in that certain Loan and Security Agreement dated the MamaMancini’s date hereof between Borrower and Lender (as it may hereafter be amended, supplemented, restated or replaced from time to time, the "Loan Agreement").

Obligations Guaranteed. To induce FGI Lender to enter into make the MamaMancini’s Three Hundred Thousand and 00/100 U.S. Dollar (US$300.000.00) loan to Borrower (the "Loan") provided for in the Loan Agreement and consider extending or continuing to extend credit or purchase receivables from time to time to Client thereunderSecured Promissory Note (the "Note") dated concurrently herewith between Lender and Borrower, and for other good and valuable consideration, . the receipt and sufficiency of which is hereby acknowledged, Guarantor, intending to be legally bound herebybound, hereby absolutely and unconditionally guarantees and becomes surety Guarantor for the payment and performance when due (at maturity, upon acceleration, or otherwise) of all outstanding amounts due in respect of the debts and obligations of Client of every kind or nature, whether joint or severalLoan, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise, and arising under the MamaMancini’s Agreement or otherwise (including without limitation any interest and/or expenses accruing following the commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to Clientany Borrower, whether or not a claim for post-petition interest and/or expenses is allowed or allowable in such case or proceeding) , but excluding any Lease payments (collectively, as define/ in the “Obligations”Note)). The Guarantor shall also pay or reimburse FGI Lender as the prevailing party on demand for all costs and expenses, including without limitation attorneys’ ' fees, incurred by FGI Lender at any time to enforce, protect, preserve, or defend FGI’s Lender' rights hereunder and with respect to any property securing this Agreement. All payments hereunder shall be made in lawful money of the United States, in immediately available funds. Unless otherwise defined herein, all capitalized terms in this Agreement shall have the respective meanings given to such terms in the MamaMancini’s AgreementNote or in any other agreements entered into concurrently therewith among Borrower and Lender.

Obligations Guaranteed. To induce FGI Lender to enter into the MamaMancini’s Agreement Transaction Documents and consider extending or continuing the Loan to extend credit or purchase receivables from time to time to Client thereunderthe Company, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Guarantor, intending to be legally bound hereby, absolutely and unconditionally guarantees and becomes surety for the payment and performance when due (at maturity, upon acceleration, or otherwise) of all of the debts and obligations of Client the Company of every kind or nature, whether joint or several, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise, and arising under the MamaMancini’s Agreement Transaction Documents or otherwise (including without limitation any interest and/or expenses accruing following the commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to Clientthe Company, whether or not a claim for post-petition interest and/or expenses is allowed in such case or proceeding) (collectively, the “Obligations”). Guarantor shall also pay or reimburse FGI Lender on demand for all costs and expenses, including without limitation attorneys’ fees, incurred by FGI the Lender at any time to enforce, protect, preserve, or defend FGIthe Lender’s rights hereunder and with respect to any property securing this AgreementGuaranty. All payments hereunder shall be made in lawful money of the United States, in immediately available funds. Unless otherwise defined herein, all capitalized terms shall have the respective meanings given to such terms in the MamaMancini’s AgreementNote.

Obligations Guaranteed. To induce FGI Lender to enter into the MamaMancini’s Agreement establish and/or continue financing arrangements with and consider making or continuing certain loans and extending or continuing to extend credit or purchase receivables from time to time to Client thereunderMonticello Raceway Management, Inc. ("Borrower"), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Guarantor, intending to be legally bound herebybound, hereby absolutely and unconditionally guarantees and becomes surety for the payment and performance when due (at maturity, upon acceleration, or otherwise) of all of the debts and obligations Obligations of Client Borrower of every kind or nature, whether joint or several, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise, and arising under the MamaMancini’s Agreement or otherwise (including without limitation any interest and/or expenses accruing following the commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to ClientBorrower, whether or not a claim for post-petition interest and/or expenses is allowed in such case or proceeding) (collectively, the “Obligations”). The Guarantor shall also pay or reimburse FGI Lender on demand for all costs and expenses, including without limitation attorneys’ ' fees, incurred by FGI Lender at any time to enforce, protect, preserve, or defend FGI’s Lender's rights hereunder and with respect to any property securing this Agreement. All payments hereunder shall be made in lawful money of the United States, in immediately available funds. Unless otherwise defined herein, all capitalized terms shall have the respective meanings given to such terms in that certain Loan and Security Agreement dated the MamaMancini’s date hereof between Borrower and Lender (as it may hereafter be amended, supplemented, restated or replaced from time to time, the "Loan Agreement").

Obligations Guaranteed. To induce FGI to enter into the MamaMancini’s Transaction Agreement and consider extending or continuing to extend credit or purchase receivables from time to time to Client Companies thereunder, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Guarantor, intending to be legally bound hereby, jointly and severally and absolutely and unconditionally guarantees and becomes surety for the payment and performance when due (at maturity, upon acceleration, or otherwise) of all of the debts and obligations of Client each Company of every kind or nature, whether joint or several, due or to become due, absolute or contingent, now existing or hereafter arising, and whether principal, interest, fees, costs, expenses or otherwise, and arising under the MamaMancini’s Transaction Agreement or otherwise (including without limitation any interest and/or expenses accruing following the commencement of any insolvency, receivership, reorganization or bankruptcy case or proceeding relating to ClientCompanies, or any of them, whether or not a claim for post-petition interest and/or expenses is allowed in such case or proceeding) (collectively, the “Obligations”). Each Guarantor shall also pay or reimburse FGI on demand for all out-of-pocket costs and expenses, including without limitation attorneys’ fees, incurred by FGI at any time to enforce, protect, preserve, or defend FGI’s rights hereunder and with respect to any property securing this Agreement. All payments hereunder shall be made in lawful money of the United States, in immediately available funds. Unless otherwise defined herein, all capitalized terms shall have the respective meanings given to such terms in the MamaMancini’s Transaction Agreement.