Common use of Payment by Guarantor Clause in Contracts

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 8 contracts

Samples: Credit Agreement and Security Agreement, Guaranty Agreement (Us Home Systems Inc), Guaranty Agreement (Schlotzskys Inc)

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Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Tandycrafts Inc), Stock Purchase Agreement (Gainsco Inc), Revolving Credit Agreement (Tandycrafts Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may -------------------- become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) above, or (b) ----------------- United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. ----------------- In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 4 contracts

Samples: Guaranty Agreement (Charys Holding Co Inc), Guaranty Agreement (Charys Holding Co Inc), Guaranty Agreement (Charys Holding Co Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: : (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph 1(asubparagraph l(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 2 contracts

Samples: Guaranty (Avatar Systems Inc), Limited Guaranty (Avatar Systems Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(aSUBPARAGRAPH 1(A) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(aSUBPARAGRAPH 1(A) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 2 contracts

Samples: Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: : (a) personal delivery to the address and designated department of Lender identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.. -------------------------------------------------------------------------------- GUARANTY - PAGE 4 (CANMAX/USC)

Appears in 1 contract

Samples: Guaranty (Canmax Inc /Wy/)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) FIRST AMENDED AND RESTATED GUARANTY AGREEMENT above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Guaranty Agreement (Us Home Systems Inc)

Payment by Guarantor. Whenever whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaidprep aid, addressed to Lender Bank at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Unlimited Guaranty (Caprock Communications Corp)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may -------------------- become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) above, or (b) United States mail, ----------------- certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. In the absence of such ----------------- notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Limited Guaranty Agreement (Schlotzskys Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender the Agent contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives the Agent receive such notice either by: : (a) personal delivery to the address and designated department of Lender the Agent identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender the Agent at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender the Agent by Guarantor in compliance with the provisions hereof, any sum received by Lender the Agent on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Unlimited Guaranty (Continental Resources Inc)

Payment by Guarantor. Whenever Guarantor pays makes any sum payment to Lender which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when when, contemporaneously with such payment payment, Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph Section 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph Section 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Guaranty Agreement (State National Companies, Inc.)

Payment by Guarantor. Whenever If reasonably requested by Lender, whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph Subsection 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid prima facie evidence of payment by Borrower.

Appears in 1 contract

Samples: Guaranty Agreement (Ascendant Solutions Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: contemporaneously (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Senior Secured Loan Agreement (Southwest Royalties Holdings Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or ---------------------- may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(al(a) above, or (b) ----------------- United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(al(a) above. ----------------- In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Registration Rights Agreement (Charys Holding Co Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: : (a) personal delivery to the address and designated department of Lender identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Guaranty (Canmax Inc /Wy/)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: : (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph 1(asubparagraph l(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph 1(asubparagraph l(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Unlimited Guaranty (Mobley Environmental Services Inc)

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Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: : (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph 1(asubparagraph l (a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph 1(asubparagraph l(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Unconditional Guaranty (Western Pacific Airlines Inc /De/)

Payment by Guarantor. Whenever Guarantor pays any sum which is or --------------------- may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(al(a) above, or (b) ----------------- United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(al(a) above. ----------------- In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Registration Rights Agreement (Charys Holding Co Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph 1(asubparagraph I (a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph 1(asubparagraph l(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Guaranty (Avatar Systems Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or -------------------- may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph payment when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) above, or (b) ----------------- United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. ----------------- In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Guaranty Agreement (Us Home Systems Inc /Tx)

Payment by Guarantor. Whenever Guarantor pays any sum which is or ----------------------- may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(al(a) above, or (b) United States ----------------- mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(al(a) above. In the ----------------- absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Registration Rights Agreement (Charys Holding Co Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may -------------------- become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender receives such notice either by: (a) personal delivery to the address and designated department of Lender identified in Subparagraph 1(a) above, or (b) United States mail, certified or registered, ------------------ return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph 1(a) above. In the absence of such notice to Lender by ------------------ Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Guaranty Agreement (Charys Holding Co Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery or delivery by nationally recognized overnight service to the address and designated department of Lender Bank identified in Subparagraph subparagraph 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph subparagraph 1(a) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Unlimited Guaranty (TBM Holdings Inc)

Payment by Guarantor. Whenever Guarantor pays any sum which is or may become due under this Guaranty, written notice must be delivered to Lender Bank contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when contemporaneously with such payment Lender Bank receives such notice either by: (a) personal delivery to the address and designated department of Lender Bank identified in Subparagraph 1(asubparagraph A(1) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender Bank at the address shown in Subparagraph 1(asubparagraph A(1) above. In the absence of such notice to Lender Bank by Guarantor in compliance with the provisions hereof, any sum received by Lender Bank on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Unconditional Guaranty (Brigham Exploration Co)

Payment by Guarantor. Whenever Guarantor pays makes any sum payment to Lender which is or may become due under this Guaranty, written notice must be delivered to Lender contemporaneously with such payment. Such notice shall be effective for purposes of this paragraph when when, contemporaneously with such payment payment, Lender receives such notice either by: : (a) personal delivery to the address and designated department of Lender identified in Subparagraph Section 1(a) above, or (b) United States mail, certified or registered, return receipt requested, postage prepaid, addressed to Lender at the address shown in Subparagraph Section 1(a) above. In the absence of such notice to Lender by Guarantor in compliance with the provisions hereof, any sum received by Lender on account of the Guaranteed Indebtedness shall be conclusively deemed paid by Borrower.

Appears in 1 contract

Samples: Guaranty Agreement

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