Performance of Guaranty. Guarantor does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Guaranty on its part to be performed;
Performance of Guaranty. 3.1 In case of default by the Obligor upon the expiry of the term under the Master Agreement (or expiry date as declared by the Creditor), the Guarantor shall unconditionally pay the relevant amount to the Creditor after the Creditor has notified the Guarantor in writing to do so. Any statement signed by the authorized representative of the Creditor which can prove the default of the Obligor (unless otherwise proved to be obviously wrong) shall be deemed as the notification of the Creditor demanding the Guarantor to pay the relevant amount.
Performance of Guaranty. In fulfilling its obligations hereunder, Guarantor hereby irrevocably and unconditionally guarantees, promises and agrees in accordance with SECTION 4.2 to cause Borrower to perform and comply with all provisions and conditions of the Loan Agreement relating to (a) the construction of the Project within the time and in the manner set forth in Construction Plans and the Construction Timetable, (b) the payment of all costs and expenses thereof, (c) the payment, satisfaction or discharge of all Liens (other than Permitted Encumbrances and Permitted Rights of Others and Liens under Section 6.8 of the Loan Agreement) that are or may be imposed upon or asserted against Borrower, the Project or the Project Property in connection with the construction of the Project, and (d) the defense and indemnification of the Managing Agent and the Lenders against all such Liens (other then Permitted Encumbrances and Permitted Rights of Others and Liens under Section 6.8 of the Loan Agreement), whether arising from the furnishing of labor, materials, supplies or equipment, from taxes, assessments, fees or other charges, from injuries or damage to Persons or property, or otherwise in connection with the construction of the Project. Without limiting the generality of the foregoing, Guarantor agrees (w) to cause any and all costs of constructing and completing the Project, including, without limitation, the costs of all labor, materials, supplies and equipment related thereto, to be paid and satisfied as the same shall become due, subject to Guarantor's right to remove any Liens arising therefrom by securing bond(s) therefor, (x) to cause the net amount of cost overruns to be directly or indirectly funded, paid and satisfied from Guarantor's own resources, (y) directly or indirectly to cause the completion of the Project in a timely, good, workmanlike and Lien-free manner (except for Permitted Encumbrances and Permitted Rights of Others and Liens under Section 6.8 of the Loan Agreement), in accordance in all material respects with the terms of the Construction Plans, the Construction Budget and the Construction Timetable and (z) to cause all pre-operating and carrying costs of the Project, including, without limitation the payment of taxes, assessments, utilities, insurance and maintenance expenses, to be funded, paid and satisfied as the same shall become due throughout the term of this Guaranty.
Performance of Guaranty. Upon receipt of written notice from the OCC that the Bank has failed to comply with the CRP, the Bank shall notify the Guarantor in writing of its failure to comply with the CRP and the Guarantor shall pay to the Bank, or its successors or assigns, the amount indicated in the Bank’s notice as necessary to bring the Bank into compliance with the CRP. The amount indicated in the Bank’s notice to the Guarantor shall be the amount indicated in the OCC’s notice to the Bank. Notwithstanding the foregoing, the Guarantor's total liability under this Agreement shall not exceed 5 percent of the Bank's total assets at the time the Bank was notified, in accordance with 12 C.F.R. 6.3, that the Bank was [undercapitalized, significantly undercapitalized, or critically undercapitalized] or the amount necessary to bring the Bank into compliance with all capital standards applicable to the Bank at the time the Bank failed to so comply.
Performance of Guaranty. In the event that the Resident fails to perform, satisfy, or observe the terms and conditions of the Lease, rules and regulations and related Lease obligations required to be performed, satisfied, or observed by the Resident, the Guarantor will promptly and fully perform, satisfy, and observe the obligations or obligations in the place of the Resident. The Guarantor shall pay, reimburse and indemnify the other liabilities arising or resulting from the failure of the Resident to perform, satisfy or observe any of the terms and conditions of the Lease, rules and regulations and related obligations.
Performance of Guaranty. In the event that Tenant fails to perform, satisfy or observe the terms and conditions of the Lease, rules and regulations, and related Lease obligations required to be performed, satisfied or observed by Tenant, the Guarantor will promptly and fully perform, pay, satisfy and observe the terms, conditions and obligations in the place of costs, expenses, losses and other liabilities arising or resulting from the failure of Tenant to perform, satisfy or observe any of the terms and conditions of the Lease, rules and regulations and related obligations.
Performance of Guaranty. 2.1 In case the Obligor fails to repay any of the debts under any of the relevant agreement entered into under the Master Agreement upon the expiry date of such debt (or the date the Creditor declared the maturity of such debt in advance of its original expiry date), the Guarantor undertakes to unconditionally pay such debt to the Creditor within 7 days after the receipt of the notice in writing thereof from the Creditor. Any instrument signed by any authorized person of the Creditor certifying the past due indebtedness shall be deemed as the notification of the Creditor demanding the Guarantor to pay the past due indebtedness.
Performance of Guaranty. Tenant will cause Initial Guarantor and any other guarantor under a Lease Guaranty to, to the extent applicable thereunder, provide to Landlord the financial information and related certifications, together with any required security, in accordance with the terms and conditions of the Lease Guaranty.
Performance of Guaranty. The Mortgagor covenants and agrees to pay, perform and observe all covenants, terms, conditions and obligations contained herein, the Guaranty and in the other Loan Documents in accordance with their respective terms and to duly and punctually pay the principal and interest due under the Note and all other indebtedness secured hereby.
Performance of Guaranty. The Partnership shall duly and punctually keep and perform all of its obligations under the Guaranty.
