Performance Guarantee of Construction Guarantor Sample Clauses

Performance Guarantee of Construction Guarantor. ‌ At all times during the Term and, in respect of the provisions described in Section 17.11 (Survival), following the Term, Project Co will ensure that a valid and binding Performance Guarantee of Construction Guarantor in favour of the Authority from the Construction Guarantor (or a party of comparable financial strength, capacity and stability, as determined by the Authority acting in its sole discretion) and in the form of guarantee attached as Schedule 15 [Performance Guarantee of Construction Guarantor], is in place and enforceable by the Authority.
Sample 1
Performance Guarantee of Construction Guarantor. Notwithstanding any provision in the Performance Guarantee of Construction Guarantor, the Owner hereby undertakes that it will not exercise any rights it may have under or arising out of the Performance Guarantee of Construction Guarantor unless: (a) the Project Agreement has been terminated; or (b) the Owner is entitled to terminate the Project Agreement pursuant to the terms thereof and of this Agreement.
Sample 1
Performance Guarantee of Construction Guarantor. Notwithstanding any provision in the Performance Guarantee of Construction Guarantor, the City hereby undertakes that it will not exercise any rights it may have under or arising out of the Performance Guarantee of Construction Guarantor unless: (a) the Project Agreement has been terminated; or (b) the City is entitled to terminate the Project Agreement pursuant to the terms thereof and of this Lenders’ Direct Agreement.
Sample 1

Related to Performance Guarantee of Construction Guarantor

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

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