Obligations of Guarantor. This Guaranty and each other Loan Document to which Guarantor is a party are the legal, valid and binding obligations of Guarantor, enforceable against Guarantor in accordance with their terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting the enforcement of creditors’ rights generally or by equitable principles which may affect the availability of specific performance and other equitable remedies. The making of the Loan by Lender to Borrower and the assumption by Guarantor of its obligations hereunder and under any other Loan Document to which Guarantor is a party will result in material benefits to Guarantor. This Guaranty was entered into by Guarantor for commercial purposes.
Obligations of Guarantor. A default by Guarantor beyond any applicable notice and cure period under the Limited Guaranty executed by Guarantor in favor of Administrative Agent. A Default shall be deemed “continuing” until cured or waived in writing in accordance with Section 13.12.
Obligations of Guarantor. This Guaranty is the legal, valid and binding obligation of Guarantor, enforceable against him in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws or equitable principles relating to or affecting the enforcement of creditors’ rights generally. The loans or credit accommodations made by Lender to Borrower and the assumption by Guarantor of his obligations hereunder will result in material benefits to Guarantor. This Guaranty was entered into by Guarantor for commercial purposes.
Obligations of Guarantor. Subject to the Guaranty Cap set forth in Section 2 of this Guaranty, the Guarantor unconditionally and irrevocably guaranties, as primary obligor and not merely as surety, to and for the benefit of Guaranteed Party, the prompt payment and performance when due of all present and future obligations (i) of the Company to make Fixed Payments pursuant to, and as such term is defined in, the PPA and (ii) to pay damages arising under the PPA in respect of the Company's obligation to make Total Fixed Payments under the PPA (including damages related to the loss of the Company's Total Fixed Payments arising from any breach by the Company of the PPA or a termination of the PPA for cause by Guaranteed Party) together with any and all reasonable expenses (including reasonable attorneys' fees and expenses) incurred by Guaranteed Party in enforcing this Guaranty (the obligations referred to in clauses (i) and (ii) collectively and individually, the "Obligations"). Subject to the Guaranty Cap set forth in Section 2 of this Guaranty, the Guarantor agrees, that upon the failure of the Company to pay any of the Obligations when they become due, the Guarantor will pay, or cause to be paid, to Guaranteed Party any and all such unpaid Obligations.
Obligations of Guarantor. Guarantor unconditionally guarantees to PJM Settlement the prompt and complete payment of all amounts owed to PJM Settlement by Summit Energy, LLC in regard to the Agreements (or any successor agreements). If all or any part of such amounts is not paid by Summit Energy, LLC when due, Guarantor shall, upon the demand of PJM Settlement, immediately pay such amount. This is a primary, absolute obligation of Guarantor enforceable by PJM Settlement, its successors and assigns, or any of its members on its behalf, regardless of Summit Energy, LLC’s ability or willingness to pay.
Obligations of Guarantor. The obligations of Guarantor hereunder shall be absolute and unconditional, shall not be subject to any counterclaim, setoff, deduction or defense based upon any claim Guarantor may have against Tenant or Lessor, and shall remain in full force and effect without regard to, and shall not be released, discharged, or in any way affected by any circumstance or condition (whether or not Guarantor shall have any knowledge or notice thereof), including without limitation: (a) any amendment or modification of or supplement to the Lease; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of the Lease, or any exercise or non-exercise of any right, remedy, power or privilege under or in respect of the Lease; (c) any bankruptcy, insolvency, reorganization, arrangement, readjustment, composition, liquidation or similar proceeding with respect to Tenant; or (d) any limitation on the liability of Tenant under the Lease or any invalidly or unenforceability, in whole or in part of the Lease or any term thereof.
Obligations of Guarantor. If any of the following occurs to the Debtor, the Guarantor shall unconditionally and immediately pay the Creditor all the overdue amounts for the Debtor:
Obligations of Guarantor. Guarantor unconditionally guarantees to PJM Settlement the prompt and complete payment of all amounts owed to PJM Settlement by Cygnus Energy Futures, LLC in regard to the Agreements (or any successor agreements). If all or any part of such amounts is not paid by Cygnus Energy Futures, LLC when due, Guarantor shall, upon the demand of PJM Settlement, immediately pay such amount. This is a primary, absolute obligation of Guarantor enforceable by PJM Settlement, its successors and assigns, or any of its members on its behalf, regardless of Cygnus Energy Futures, LLC’s ability or willingness to pay.
Obligations of Guarantor. Subject to the Guaranty Cap set forth in Section 2 of this Guaranty, the Guarantor unconditionally and irrevocably guaranties, as primary obligor and not merely as surety, to and for the benefit of Guaranteed Party, prompt and complete payment of all damage amounts due and payable to Guaranteed Party by the Company under and pursuant to Section 19.1 of the PPA, together with any and all reasonable expenses (including reasonable attorneys' fees and expenses) incurred by Guaranteed Party in enforcing this Guaranty, (collectively, the "Obligations"). Subject to the Guaranty Cap set forth in Section 2 of this Guaranty, the Guarantor agrees, that upon the failure of the Company to pay any of the Obligations when they become due, the Guarantor will pay, or cause to be paid, to Guaranteed Party any and all such unpaid Obligations.
Obligations of Guarantor. (a) The Guarantor hereby unconditionally and irrevocably guarantees:
(1) the due and punctual performance of the Mortgage Loan Seller of all of its obligations under this Agreement, including but not limited to, the Mortgage Loans Seller's obligations pursuant to Sections 5(d), 5(e), 6(a) and 7 hereunder;
(2) the due and punctual payment of any and all amounts (including, in case of default or delay in payment, interest on any amount due at the prime rate (as publicly announced by Citibank, N.A. at its principal office in New York, New York as of such date) plus 2%) payable by the Mortgage Loan Seller pursuant to Section 14 hereof when and as any such amount shall become due and payable pursuant to the terms of this Agreement.
(b) This Section 15 shall remain in effect and payments or performance hereunder shall be made hereunder regardless of a bankruptcy, insolvency or reorganization of the Mortgage Loan Seller, or other proceeding against the Mortgage Loan Seller pursuant to any law relating to creditors' rights, and regardless of any adverse effect which such proceeding might have upon the obligations of the Mortgage Loan Seller.
(c) The Guarantor hereby agrees that its obligations hereunder are absolute and unconditional, irrespective of the validity or enforceability of, or any change in or amendment to, any Mortgage Loan, the Pooling and Servicing Agreement or this Agreement, the institution or absence of any action to enforce the same, the waiver of any provisions thereof or hereof, the obtaining of any judgment against the Mortgage Loan Seller or any action to enforce same, the inability to recover against the Mortgage Loan Seller because of any statute of limitations, laches or otherwise or any circumstance which might otherwise constitute a legal or equitable discharge or defense to a guarantor.
(d) The Guarantor covenants that this Section 15 will not be discharged until the later of the termination of the Pooling and Servicing Agreement or the termination of this Agreement, and in each case, all of the Mortgage Loan Seller's obligations thereunder, provided that the Guarantor's obligations under Section 15(a)(2) shall survive any such termination. This Section 15 shall continue to be effective if the Mortgage Loan Seller merges or consolidates with or into another entity, loses its separate legal identity or ceases to exist.
(e) The Guarantor waives, to the extent it may do so under applicable law, all presentments, demands for performance, di...
