Common use of Payment of Guaranteed Obligations Clause in Contracts

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, after the acceleration of any of the Guaranteed Obligations, on the occurrence of an Event of Default, on the occurrence of any default under this Guaranty, or otherwise: (a) Lender will have the right: (i) to proceed directly against Guarantor under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or guaranty held by Lender, and (ii) to compromise, settle, release, discharge or terminate any of the obligations of any other guarantor(s) of the Guaranteed Obligations as Lender, in its discretion, determines without thereby in any way affecting, limiting or diminishing its rights thereafter to enforce the obligations of Guarantor under this Guaranty; (b) Guarantor will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations; (c) Lender will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; and (d) Lender will have the right to exercise all of Lender’s other powers, rights and remedies under this Guaranty, the Loan Documents and under applicable law. Lender will not have any obligation to marshal any assets in favor of Guarantor or against or in payment of any or all of the Guaranteed Obligations.

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, after the acceleration of any of the Guaranteed Obligations, on the occurrence of an Event of Default, on the occurrence of any default under this Guaranty, or otherwise: (ai) Lender Guarantor will, on the demand of Bank, immediately deposit with Bank in U.S. dollars the total amount of the Guaranteed Obligations due and payable (whether due and payable as a result of maturity, acceleration, or otherwise), and (ii) Bank will have the right: (ia) to proceed directly against Guarantor under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or guaranty held by LenderBank, and (iib) to compromise, settle, release, discharge or terminate any of the obligations of any other obligor(s) or guarantor(s) of the Guaranteed Obligations as LenderBank, in its discretion, determines without thereby in any way affecting, limiting or diminishing its rights thereafter to enforce the obligations of Guarantor under this Guaranty; (b) Guarantor will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations; (c) Lender will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender Bank with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; Obligations in such order and method of application as may be elected by Bank in its discretion exercised in good faith, and (d) Lender will have the right to exercise all of LenderBank’s other powers, rights and remedies under this Guaranty, the Parent Pledge Agreement, the other Loan Documents and under applicable law. Lender Bank will not have any obligation to marshal any assets in favor of Guarantor or against or in payment of any or all of the Guaranteed Obligations.

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, after the acceleration of any of the Guaranteed ObligationsLoans, on the occurrence of an Event of DefaultDefault (as defined in the Financing Agreement), on the occurrence of any default under this Guaranty, or otherwise: (ai) Lender will have the right: right (ia) to proceed directly against Guarantor under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or guaranty held by Lender, it and (iib) to compromise, settle, release, discharge or terminate any of the obligations of any other guarantor(s) of the Guaranteed Obligations as Lender, in its sole discretion, determines without thereby in any way affecting, limiting or diminishing its rights thereafter to enforce the obligations of Guarantor under this Guaranty; (bii) Guarantor will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations; (ciii) Lender will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; and (div) Lender will have the right to exercise all of Lender’s 's other powers, rights and remedies under this Guaranty, the Loan Documents and under applicable law. Lender will not have any no obligation to marshal any marsxxxx xxx assets in favor of Guarantor or against or in payment of any or all of the Guaranteed Obligations.

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, after the acceleration of any of the Guaranteed Obligations, on the occurrence and continuance of an Event of Default, on the occurrence and continuance of any default under this Guaranty, or otherwise: (ai) Lender Agent will have the right: (ia) to proceed directly against any and each Guarantor under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or guaranty held by Lender, Agent for the benefit of the Secured Creditors and (iib) to compromise, settle, release, discharge or terminate any of the obligations of any other guarantor(s) of the Guaranteed Obligations as LenderAgent, in its discretiondiscretion exercised in good faith, determines without thereby in any way affecting, limiting or diminishing its rights thereafter to enforce the obligations of any Guarantor under this Guaranty; (bii) Guarantor Guarantors will, on the demand of LenderAgent, immediately deposit with Lender Agent, for the benefit of the Secured Creditors, in U.S. dollars Dollars the total amount of the Guaranteed ObligationsObligations due and payable (whether due as a result of the maturity, acceleration, or otherwise); (ciii) Lender Agent will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender Agent, for the benefit of the Secured Creditors, with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; and (div) Lender Agent will have the right to exercise all of Lender’s the Secured Creditors’ other powers, rights and remedies under this Guaranty, the Security Document, and the other Loan Documents and under applicable law. Lender No Secured Creditor will not have any obligation to marshal any assets in favor of Guarantor Guarantors or against or in payment of any or all of the Guaranteed Obligations.

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, after the acceleration of any of the Guaranteed Obligations, on the occurrence of an Event of Default, on the occurrence of any default under this Guaranty, or otherwise: (ai) Guarantor will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations due and payable (whether due and payable as a result of maturity, acceleration, or otherwise), and (ii) Lender will have the right: (ia) to proceed directly against Guarantor under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or guaranty held by Lender, and (iib) to compromise, settle, release, discharge or terminate any of the obligations of any other guarantor(s) of the Guaranteed Obligations as Lender, in its discretion, determines without thereby in any way affecting, limiting or diminishing its rights thereafter to enforce the obligations of Guarantor under this Guaranty; (b) Guarantor will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations; (c) Lender will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; Obligations in such order and method of application as may be elected by Lender in its discretion exercised in good faith, and (d) Lender will have the right to exercise all of Lender’s other powers, rights and remedies under this Guaranty, the Security Documents, the other Loan Documents and under applicable law. Lender will not have any obligation to marshal any assets in favor of Guarantor or against or in payment of any or all of the Guaranteed Obligations.

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, after the acceleration of any of the Guaranteed Obligations, on the occurrence of an Event of Default, on the occurrence of any default under this Guaranty, or otherwise: (ai) Guarantors will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations due and payable (whether due and payable as a result of maturity, acceleration, or otherwise), and (ii) Lender will have the right: (ia) to proceed directly against any Guarantor under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or guaranty held by Lender, and (iib) to compromise, settle, release, discharge or terminate any of the obligations of any other guarantor(s) of the Guaranteed Obligations as Lender, in its discretion, determines without thereby in any way affecting, limiting or diminishing its rights thereafter to enforce the obligations of any Guarantor under this Guaranty; (b) Guarantor will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations; (c) Lender will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; Obligations in such order and method of application as may be elected by Lender in its discretion exercised in good faith, and (d) Lender will have the right to exercise all of Lender’s other powers, rights and remedies under this Guaranty, the Security Documents, the other Loan Documents and under applicable law. Lender will not have any obligation to marshal any assets in favor of any Guarantor or against or in payment of any or all of the Guaranteed Obligations.

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, after the acceleration of any of the Guaranteed Obligations, on the occurrence of an Event of Default, on the occurrence of any default under this Guaranty, or otherwise: (a) Guarantor shall, upon demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations and (b) Lender will have the rightright to: (i) to proceed directly against Guarantor under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or other guaranty held by Lender, and ; (ii) to compromise, settle, release, discharge discharge, or terminate any of the obligations of any other guarantor(s) of the Guaranteed Obligations as Lender, in its sole discretion, determines without thereby in any way affecting, limiting limiting, or diminishing its rights thereafter to enforce the obligations of Guarantor under this Guaranty; (biii) Guarantor will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations; (c) Lender will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; and (div) Lender will have the right to exercise all of LenderXxxxxx’s other powers, rights rights, and remedies under this Guaranty, the Loan Documents Agreement, the other Loan Documents, and under applicable law. Lender will not have any obligation to marshal any assets in favor of Guarantor or against or in payment of any or all of the Guaranteed Obligations.

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, after the acceleration of any of the Guaranteed Obligations, Obligations (as defined in the Financing Agreement) on the occurrence of an Event of DefaultDefault (as defined in the Financing Agreement), on or otherwise, or at any time after the occurrence of any default under this Guaranty, or otherwise: (ai) Lender will have the right: (ia) to proceed directly against Guarantor under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or guaranty held by Lenderit, and (iib) to compromise, settle, release, discharge or terminate any of the obligations of any other guarantor(s) of the Guaranteed Obligations as Lender, in its discretion, determines without thereby in any way affecting, limiting or diminishing its rights thereafter to enforce the obligations of Guarantor under this Guaranty; (bii) Guarantor will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations; (ciii) Lender will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; and (div) Lender will have the right to exercise all of Lender’s 's other powers, rights and remedies under this Guaranty, the Loan Documents and under applicable law. Lender will not have any no obligation to marshal any marsxxxx xxx assets in favor of Guarantor or against or in payment of any or all of the Guaranteed Obligations.

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, after the acceleration of any of the Guaranteed Obligations, on the occurrence of an Event of Default, on the occurrence of any default under this Guaranty, or otherwise: (ai) Lender Guarantor will, on the demand of Bank, immediately deposit with Bank in U.S. dollars the total amount of the Guaranteed Obligations due and payable (whether due and payable as a result of maturity, acceleration, or otherwise), and (ii) Bank will have the right: (ia) to proceed directly against Guarantor under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or guaranty held by LenderBank, and (iib) to compromise, settle, release, discharge or terminate any of the obligations of any other obligor(s) or guarantor(s) of the Guaranteed Obligations as LenderBank, in its discretion, determines without thereby in any way affecting, limiting or diminishing its rights thereafter to enforce the obligations of Guarantor under this Guaranty; (b) Guarantor will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed Obligations; (c) Lender will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender Bank with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; Obligations in such order and method of application as may be elected by Bank in its discretion exercised in good faith, and (d) Lender will have the right to exercise all of LenderBank’s other powers, rights and remedies under this Guaranty, the Security Documents, the other Loan Documents and under applicable law. Lender Bank will not have any obligation to marshal any assets in favor of Guarantor or against or in payment of any or all of the Guaranteed Obligations.

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, on Lender's demand for payment, after the acceleration of any of the Guaranteed Obligations, Obligations on the occurrence of an Event of DefaultDefault (as defined in the Financing Agreement), on the occurrence of any a default under this Guaranty, or otherwise: (ai) Lender will have the right: right (ia) to proceed directly against each Guarantor (or any of them in any order) under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or guaranty held by Lender, it and (iib) to compromise, settle, release, discharge or terminate any of the obligations of any other guarantor(sof such Guarantor(s) of the Guaranteed Obligations as Lender, in its sole and absolute discretion, determines without thereby in any way affecting, limiting or diminishing its rights thereafter to enforce the obligations of Guarantor Guarantors (individually and collectively) under this Guaranty; (bii) each Guarantor (except Berexxxx Xxxxxxx & Xompany, L.P., to the extent it has already done so) will, on the demand of Lender, immediately deposit with Lender in U.S. dollars the total amount of the Guaranteed ObligationsObligations up to the Maximum Individual Liability specified in SECTION 1.2 above; and (ciii) Lender will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; and (d) . Lender will have the right to exercise all of Lender’s other powers, rights and remedies under this Guaranty, the Loan Documents and under applicable law. Lender will not have any no obligation to marshal any marsxxxx xxx assets in favor of any Guarantor or against or in payment of any or all of the Guaranteed Obligations.

Payment of Guaranteed Obligations. At any time after all or any portion of the Guaranteed Obligations are due and payable, whether on maturity, after the acceleration of any of the Guaranteed Obligations, on the occurrence of an Event of Default, on the occurrence of any default under this Guaranty, or otherwise: (a) Lender Bank will have the right: (i) to proceed directly against Guarantor under this Guaranty without first exhausting any other remedy it may have and without resorting to any security or guaranty held by LenderBank, and (ii) to compromise, settle, release, discharge or terminate any of the obligations of any other guarantor(s) of the Guaranteed Obligations as LenderBank, in its discretion, determines without thereby in any way affecting, limiting or diminishing its rights thereafter to enforce the obligations of Guarantor under this Guaranty; (b) Guarantor will, on the demand of LenderBank, immediately deposit with Lender Bank in U.S. dollars the total amount of the Guaranteed Obligations; (c) Lender Bank will have the right to sell, collect, or otherwise dispose of and to apply the proceeds of any collateral or other security given to Lender Bank with respect to the Guaranteed Obligations in satisfaction of the Guaranteed Obligations; and (d) Lender Bank will have the right to exercise all of LenderBank’s other powers, rights and remedies under this Guaranty, the Loan Documents and under applicable law. Lender Bank will not have any obligation to marshal any assets in favor of Guarantor or against or in payment of any or all of the Guaranteed Obligations.