Common use of Performance by Guarantor Clause in Contracts

Performance by Guarantor. If any Rent or other amount due under the Lease shall not be paid, or any obligation not performed as required by the Lease, then upon demand by Landlord, Guarantor shall pay, within ten (10) days of demand by Landlord, such sums and perform such obligations as required by the Lease, without regard to: (a) any defense, set-off or counterclaim which Guarantor or Tenant may have or assert; (b) whether Landlord shall have instituted any suit, action or proceeding or exhausted its remedies or taken any steps to enforce any rights against Tenant or any other person to collect all or any part of such sums, either pursuant to the provisions of the Lease or at law or in equity (it being understood that this is a guaranty of payment and not collection, and Guarantor’s liability for such payment shall be primary); or (c) any other condition or contingency. Guarantor waives any right of exoneration and any right to require Landlord to make an election of remedies. Guarantor covenants and agrees that it shall not cause any default under the Lease. Guarantor’s performance or satisfaction of a portion, but not all, of the Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor’s obligation for that portion of the Guaranteed Obligations which is not performed, and Landlord shall have the right to designate the manner in which any payments made by Tenant under the Lease or by Guarantor pursuant to this Guaranty are applied to the Guaranteed Obligations. Without in any way limiting the generality of the foregoing, if Landlord receives payment for, or is awarded a judgment in any suit brought to enforce Guarantor’s covenant to perform, a portion of the Guaranteed Obligations, such payment or judgment shall in no way be deemed to release Guarantor from its covenant to perform or satisfy any portion of the Guaranteed Obligations which is not satisfied by such payment or collection of such judgment.

Performance by Guarantor. If any Rent or other amount due under the Lease shall not be paid, or any obligation not performed as required by the Lease, and in each case the same results in an Event of Default, then upon demand by Landlord, Guarantor shall pay, within ten (10) days of demand by Landlord, such sums and perform such obligations as required by the Lease, without regard to: (a) any defense, set-off or counterclaim which Guarantor or Tenant may have or assert; (b) whether Landlord shall have instituted any suit, action or proceeding or exhausted its remedies or taken any steps to enforce any rights against Tenant or any other person to collect all or any part of such sums, either pursuant to the provisions of the Lease or at law or in equity (it being understood that this is a guaranty of payment and not collection, and Guarantor’s liability for such payment shall be primary); or (c) any other condition or contingency. Guarantor waives any right of exoneration and any right to require Landlord to make an election of remedies. Guarantor covenants and agrees that it shall not cause any default under the Lease. Guarantor’s performance or satisfaction of a portion, but not all, of the Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor’s obligation for that portion of the Guaranteed Obligations which is not performedperformed and, and subject to the terms of the Lease, Landlord shall have the right to designate the manner in which any payments made by Tenant under the Lease or by Guarantor pursuant to this Guaranty are applied to the Guaranteed Obligations. Without in any way limiting the generality of the foregoing, if Landlord receives payment for, or is awarded a judgment in any suit brought to enforce Guarantor’s covenant to perform, perform a portion of the Guaranteed Obligations, such payment or judgment shall in no way be deemed to release Guarantor from its covenant to perform or satisfy any portion of the Guaranteed Obligations which is not satisfied by such payment or collection of such judgment.

Performance by Guarantor. If any Rent or other amount due under of the Lease Guaranteed Obligations shall not be paid, paid or performed when due or within any obligation not performed applicable cure period as required by the Lease, then upon written demand by Landlord, Guarantor shall pay, within ten (10) days of demand by Landlord, such sums and perform such obligations as required by the Lease, without regard to: (a) any defense, set-off off, or counterclaim which Guarantor or Tenant may have or assert; (b) whether or not Landlord shall have instituted any suit, action or proceeding or exhausted its remedies or taken any steps to enforce any rights against Tenant or any other person to collect all or any part of such sums, either pursuant to the provisions of the Lease or at law or in equity (it being understood that this is a guaranty of payment and not collection, and Guarantor’s liability for such payment shall be primary); or (c) any other condition or contingency. Guarantor waives any right of exoneration and any right to require Landlord to make an election of remedies. Guarantor covenants and agrees that it shall not knowingly cause any default under the Lease. Guarantor’s performance or satisfaction of a portion, but not all, of the Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor’s obligation for that portion of the Guaranteed Obligations which is not performed, and Landlord shall have the right to designate the manner in which any payments made by Tenant under the Lease or by any Guarantor pursuant to this Guaranty are applied to the Guaranteed Obligations. Without in any way limiting the generality of the foregoing, if in the event that Landlord receives payment for, or is awarded a judgment in any suit brought to enforce any Guarantor’s covenant to perform, a portion of the Guaranteed Obligations, such payment or judgment shall in no way be deemed to release any Guarantor from its covenant to perform or satisfy any portion of the Guaranteed Obligations which is not satisfied by such payment or collection of such judgment.

Performance by Guarantor. If any Rent Minimum Rent, Additional Rent, [Supplemental Rent] or other amount due under the Lease shall not be paid, or any obligation not performed as required by the LeaseLease or Letter of Credit Agreement, then upon demand by Landlord, Guarantor shall pay, within ten (10) days of demand by Landlord, such sums and perform such obligations as required by the LeaseLease or Letter of Credit Agreement, as applicable, without regard to: (a) any defense, set-off off, or counterclaim which any Guarantor or Tenant may have or assert; (b) whether or not Landlord shall have instituted any suit, action or proceeding or exhausted its remedies or taken any steps to enforce any rights against Tenant or any other person to collect all or any part of such sums, either pursuant to the provisions of the Lease Lease, Letter of Credit Agreement or at law or in equity (it being understood that this is a guaranty of payment and not collection, and Guarantor’s liability for such payment shall be primary); or (c) any other condition or contingency. Guarantor waives any right of exoneration and any right to require Landlord to make an election of remedies. Guarantor covenants and agrees that it shall not cause any default under the LeaseLease or Letter of Credit Agreement. Guarantor’s performance or satisfaction of a portion, but not all, of the Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor’s obligation for that portion of the Guaranteed Obligations which is not performed, and Landlord shall have the right to designate the manner in which any payments made by Tenant under the Lease or by any Guarantor pursuant to this Guaranty are applied to the Guaranteed Obligations. Without in any way limiting the generality of the foregoing, if in the event that Landlord receives payment for, or is awarded a judgment in any suit brought to enforce any Guarantor’s covenant to perform, a portion of the Guaranteed Obligations, such payment or judgment shall in no way be deemed to release any Guarantor from its covenant to perform or satisfy any portion of the Guaranteed Obligations which is not satisfied by such payment or collection of such judgment.

Performance by Guarantor. If any Minimum Rent, Additional Rent or other amount due under the Lease Leases shall not be paid, or any obligation not performed as required by the LeaseLeases, then upon demand by Landlord, Guarantor shall pay, pay within ten (10) days of demand by Landlord, Landlord such sums and perform such obligations as are required by the LeaseLeases, without regard to: (a) any defense, set-off off, or counterclaim which Guarantor or Tenant may have or assert; (b) whether or not Landlord shall have instituted any suit, action or proceeding or proceeding, exhausted its remedies or taken any steps to enforce any rights against Tenant or any other person to collect all or any part of such sums, either pursuant to the provisions of the Lease Leases or at law or in equity (it being understood that this is a guaranty of payment and not collection, and Guarantor’s 's liability for such payment shall be primary); (c) any impairment or any diminution or loss of value in any security or collateral of the Leases (including, but not limited to, the leased premises themselves or any personal property or fixtures therein), whether caused by hazardous substances or any other cause (except Landlord's gross negligence or willful misconduct) or Landlord's failure to perfect a security interest in such security or collateral; (d) any circumstance which may constitute a legal or equitable discharge of a guarantor, except as provided under this Guaranty; or (ce) any other condition or contingency. Guarantor waives any right of exoneration and any right to require Landlord to make an election of remedies. Guarantor covenants and agrees that it shall not cause any default under the Lease. Guarantor’s performance or satisfaction of a portion, but not all, of the Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor’s obligation for that portion of the Guaranteed Obligations which is not performed, and Landlord shall have the right to designate the manner in which any payments made by Tenant under the Lease or by Guarantor pursuant to this Guaranty are applied to the Guaranteed Obligations. Without in any way limiting the generality of the foregoing, if Landlord receives payment for, or is awarded a judgment in any suit brought to enforce Guarantor’s covenant to perform, a portion of the Guaranteed Obligations, such payment or judgment shall in no way be deemed to release Guarantor from its covenant to perform or satisfy any portion of the Guaranteed Obligations which is not satisfied by such payment or collection of such judgmentLeases.

Performance by Guarantor. If Upon the occurrence of an Event of Default (as defined in the Note) and the expiration of any Rent or other amount due under the Lease shall not be paid, or any obligation not performed as required by the Leaseapplicable notice and/or cure period thereunder, then upon demand by LandlordLender, Guarantor shall pay, pay within ten (10) days of demand by Landlord, such sums and perform such obligations as required by the LeaseLoan Documents, without regard to: (a) any defense, set-off off, or counterclaim which Guarantor or Tenant Borrower may have or assert; (b) whether Landlord or not Lender shall have instituted any suit, action or proceeding or exhausted its remedies or taken any steps to enforce any rights against Tenant Borrower or any other person to collect all or any part of such sums, either pursuant to the provisions of the Lease Loan Documents or at law or in equity (it being understood that this is a guaranty of payment and not collection, and Guarantor’s liability for such payment shall be primary); or (c) any other condition or contingency. Guarantor waives any right of exoneration and any right to require Landlord Lender to make an election of remedies. Guarantor covenants and agrees that it shall not cause any default under the LeaseLoan Documents. Guarantor’s performance or satisfaction of a portion, but not all, of the Guaranteed Obligations shall in no way limit, affect, modify or abridge Guarantor’s obligation liability for that portion of the Guaranteed Obligations which is not performed, performed and Landlord Lender shall have the right to designate the manner in which any payments made by Tenant Borrower under the Lease Loan Documents or by Guarantor pursuant to this Guaranty are applied to the Guaranteed Obligations. Without in any way limiting the generality of the foregoing, if Landlord in the event that Lender receives payment for, or is awarded a judgment in any suit brought to enforce Guarantor’s covenant to perform, perform a portion of the Guaranteed Obligations, such payment or judgment shall in no way be deemed to release Guarantor from its covenant to perform or satisfy any portion of the Guaranteed Obligations which is not satisfied by such payment or the collection of any such judgment. Lender shall be under no obligation whatsoever to exhaust any of its collateral for the Guaranteed Obligations or to pursue any right or remedy it may have under the Loan Documents, at law, in equity or otherwise, or to take any action whatsoever to mitigate or reduce Guarantor’s liability hereunder, notwithstanding the fact that the Loan may be fully matured, the outstanding principal balance thereof may be fully due and payable and Borrower is in default of its obligations under the Loan Documents.