Common use of Primary Liability of Guarantor Clause in Contracts

Primary Liability of Guarantor. This Guaranty is an absolute, irrevocable, unconditional and continuing guaranty of payment, and Guarantor shall be liable for the payment of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law or in equity, to require Guaranteed Party to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market Participant. It shall not be necessary for Guaranteed Party, in order to enforce this Guaranty, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant or any other Person liable on or for any of the Guaranteed Obligations or any of the other obligations (including, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligations, or to join Market Participant or any other Person liable for the Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction of the Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party from suing on, or exercising any other right under, any of the Agreements or any other guaranty. Suit may be brought or demand may be made against Market Participant or against any or all Persons who have signed this Guaranty or any other guaranty covering all or any part of the Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party against any party hereto.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of paymentpayment and performance, and Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law Law or in equity, to require Guaranteed Party Administrative Agent or any Lender to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market ParticipantPerson. It shall not be necessary for Guaranteed PartyAdministrative Agent or any Lender, in order to enforce this Guarantysuch payment or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant any Borrower or any other Person liable on such indebtedness or for any of the Guaranteed Obligations or any of the other obligations (includingsuch performance, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationssuch indebtedness or performance, or to join Market Participant any Borrower or any other Person liable for the payment or performance of the Guaranteed Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction payment or performance of the Guaranteed Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party Administrative Agent or any Lender from suing on, on any Note or foreclosing any Security Instrument or exercising any other right under, any of under the Agreements or any other guaranty. Loan Documents. (b) Suit may be brought or demand may be made against Market Participant any Borrower or against any or all Persons parties who have signed this Guaranty or any other guaranty covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Administrative Agent or any Lender against any party hereto.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of paymentpayment and performance, and Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law Law or in equity, to require Guaranteed Party Administrative Agent or any Lender to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market ParticipantPerson. It shall not be necessary for Guaranteed PartyAdministrative Agent or any Lender, in order to enforce this Guarantysuch payment or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant Borrower or any other Person liable on such indebtedness or for any of the Guaranteed Obligations or any of the other obligations (includingsuch performance, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationssuch indebtedness or performance, or to join Market Participant Borrower or any other Person liable for the payment or performance of the Guaranteed Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction payment or performance of the Guaranteed Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party Administrative Agent or any Lender from suing on, on any Note or foreclosing the Deed of Trust or exercising any other right under, any of under the Agreements or any other guaranty. Loan Documents. (b) Suit may be brought or demand may be made against Market Participant Borrower or against any or all Persons parties who have signed this Guaranty or any other guaranty covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Administrative Agent or any Lender against any party hereto.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of payment, payment and Guarantor shall be liable for the payment of the Guaranteed Obligations as a primary obligorperformance. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law Law or in equity, to require Guaranteed Party Administrative Agent or any Lender to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market ParticipantPerson. It shall not be necessary for Guaranteed PartyAdministrative Agent or any Lender, in order to enforce this Guarantysuch payment or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant Borrower or any other Person liable on such indebtedness or for any of the Guaranteed Obligations or any of the other obligations (includingsuch performance, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationssuch indebtedness or performance, or to join Market Participant Borrower or any other Person liable for the payment or performance of the Guaranteed Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction payment or performance of the Guaranteed Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party Administrative Agent or any Lender from suing on, foreclosing the Deed of Trust or exercising any other right under, any of under the Agreements or any other guaranty. Loan Documents. (b) Suit may be brought or demand may be made against Market Participant Borrower or against any or all Persons parties who have signed this Guaranty or any other guaranty covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Administrative Agent or any Lender against any party hereto.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of paymentpayment and performance, and Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law Law or in equity, to require Guaranteed Party Administrative Agent or any Lender to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market ParticipantPerson. It shall not be necessary for Guaranteed PartyAdministrative Agent or any Lender, in order to enforce this Guarantysuch payment or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant Borrower or any other Person liable on such indebtedness or for any of the Guaranteed Obligations or any of the other obligations (includingsuch performance, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationssuch indebtedness or performance, or to join Market Participant Borrower or any other Person liable for the payment or performance of the Guaranteed Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction payment or performance of the Guaranteed Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party Administrative Agent or any Lender from suing on, on any Note or foreclosing any Security Instrument or exercising any other right under, any of under the Agreements or any other guaranty. Loan Documents. (b) Suit may be brought or demand may be made against Market Participant Borrower or against any or all Persons parties who have signed this Guaranty or any other guaranty covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Administrative Agent or any Lender against any party hereto. 4 Section 4.

Primary Liability of Guarantor. (a) This Guaranty Agreement is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of payment, payment and performance. Each Guarantor is and shall be liable for the payment and performance of the Guaranteed Obligations Obligations, as set forth in this Guaranty Agreement, as a primary obligor. This Guaranty . (b) In the event of default in payment or performance of the Guaranteed Obligations, or any part thereof, when such Guaranteed Obligations become due, whether by its terms, by acceleration, or otherwise, the Guarantors shall promptly pay the amount due thereon to PreCheck without notice or demand of any kind or nature, in lawful money of the United States of America or perform the obligations to be effective as a waiver ofperformed hereunder, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law or in equity, to require Guaranteed Party to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market Participant. It it shall not be necessary for Guaranteed Party, PreCheck in order to enforce this Guarantysuch payment and performance by Guarantors first, first or contemporaneously, to institute suit or pursue or exhaust any rights or remedies against the Market Participant or any other Person liable on or for any of the Guaranteed Obligations or any of the other obligations (includingXXX, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights rights, remedies, powers, privileges or benefits of PreCheck against any collateral or any other security or collateral which shall ever have been given to secure any the Guaranteed Obligations, it being understood and agreed that the obligations of Guarantors under this Guaranty are the joint and several obligations of the Obligations, or to join Market Participant or any other Person liable for the Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction of the Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party from suing on, or exercising any other right under, any of the Agreements or any other guaranty. Guarantors. (c) Suit may be brought or demand may be made against Market Participant or against any or all Persons who have signed this Guaranty or any other guaranty Guarantors covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party PreCheck against any party heretoeither Guarantor. Any time that PreCheck is entitled to exercise its rights or remedies hereunder, PreCheck may in its sole discretion elect to demand payment.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of paymentpayment and performance, and Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law Law or in equity, to require Guaranteed Party Lender to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market ParticipantPerson. It shall not be necessary for Guaranteed PartyLender, in order to enforce this Guarantysuch payment or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant any Borrower or any other Person liable on such indebtedness or for any of the Guaranteed Obligations or any of the other obligations (includingsuch performance, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationssuch indebtedness or performance, or to join Market Participant any Borrower or any other Person liable for the payment or performance of the Guaranteed Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction payment or performance of the Guaranteed Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party Lender from suing on, on the Note or foreclosing the Security Instruments or exercising any other right under, any of under the Agreements or any other guaranty. Loan Documents. (b) Suit may be brought or demand may be made against Market Participant any Borrower or against any or all Persons parties who have signed this Guaranty or any other guaranty covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Lender against any party hereto.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of paymentpayment and performance, and Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law Law or in equity, to require Guaranteed Party Lender to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market ParticipantPerson. It shall not be necessary for Guaranteed PartyLender, in order to enforce this Guarantysuch payment or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant any Borrower or any other Person liable on such indebtedness or for any of the Guaranteed Obligations or any of the other obligations (includingsuch performance, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationssuch indebtedness or performance, or to join Market Participant any Borrower or any other Person liable for the payment or performance of the Guaranteed Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction payment or performance of the Guaranteed Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party Lender from suing on, on the Note or foreclosing any Security Instrument or exercising any other right under, any of under the Agreements or any other guaranty. Loan Documents. (b) Suit may be brought or demand may be made against Market Participant any Borrower or against any or all Persons parties who have signed this Guaranty or any other guaranty covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Lender against any party hereto.

Primary Liability of Guarantor. This Guaranty constitutes a primary obligation of Guarantor. This is an absolute, irrevocableunconditional, unconditional irrevocable and continuing guaranty of paymentpayment and performance and not of collection, and is thus in no way conditioned upon any attempt to collect from Tenant, or upon any other event or contingency whatsoever. Guarantor shall be liable for the payment of the Guaranteed Obligations agrees that Landlord is not required, as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, condition to establishing any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law or in equityGuarantor’s liability hereunder, to require Guaranteed Party to take prior recourse or proceedings proceed against any collateral, security or Person person (as defined below), including, without limitation, Tenant), and, further, Guarantor, agrees not to assert any defense (other than payment and performance of the Market Participant. It shall not be necessary for Guaranteed PartyObligations) available to Tenant against Landlord with regard to the Guaranteed Obligations, in order any defense based upon an election of remedies of any type, any defense based on any duty of Landlord to enforce this Guarantydisclose information of any type to Guarantor regarding Tenant or the Guaranteed Obligations, first and/or any claim that Guarantor may have against Landlord by virtue of Landlord’s failure to institute suit or pursue or exhaust exercise any rights against Tenant, howsoever arising. Guarantor hereby expressly waives any right or remedies claim to force Landlord to proceed first against the Market Participant or any other Person liable on or for Tenant as to any of the Guaranteed Obligations or any of the other obligations (includingof Tenant, without limitation and agrees that no delay, failure or refusal of or by Landlord to exercise any performance obligations) of the Market Participant right, remedy or privilege which Landlord has or may have against Tenant, whether arising from any documents executed by Tenant, at common law, under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationsapplicable statute, or otherwise, shall operate to join Market Participant impair, reduce, negate or any other Person liable for otherwise affect the Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means liability of obtaining satisfaction of the Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party from suing on, or exercising any other right under, any of the Agreements or any other guaranty. Suit may be brought or demand may be made against Market Participant or against any or all Persons who have signed this Guaranty or any other guaranty covering all or any part of the Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party against any party heretoGuarantor hereunder.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of paymentpayment and performance, and Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law or in equity, to require Guaranteed Party Lender to take prior recourse or proceedings against any collateralCollateral, security or Person (as defined below), including, without limitation, or to cause a marshalling of the Market Participantassets of Borrower or of any Collateral securing the Guaranteed Obligations. It shall not be necessary for Guaranteed PartyLender, in order to enforce this Guarantysuch payment or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant Borrower or to proceed against any other Person liable on or for any of the such Guaranteed Obligations or for such performance or to proceed against any of the such other obligations (includingPersons in any particular order, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationssuch Guaranteed Obligations or performance, or to join Market Participant Borrower or any other Person liable for the payment or performance of the Guaranteed Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction payment or performance of the Guaranteed Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party Lender from suing on, on the Note or exercising any other right under, any of under the Agreements or any other guaranty. Loan Documents. (b) Suit may be brought or demand may be made against Market Participant Borrower or against any or all Persons parties who have signed this Guaranty or any other guaranty covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Lender against any party hereto.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of paymentpayment and performance, and Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law Law or in equity, to require Guaranteed Party Administrative Agent or any Lender to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market ParticipantPerson. It shall not be necessary for Guaranteed PartyAdministrative Agent or any Lender, in order to enforce this Guarantysuch payment or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant Borrower or any other Person liable on such indebtedness or for any of the Guaranteed Obligations or any of the other obligations (includingsuch performance, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationssuch indebtedness or performance, or to join Market Participant Borrower or any other Person liable for the payment or performance of the Guaranteed Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction payment or performance of the Guaranteed Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party Administrative Agent or any Lender from suing on, on any Note or foreclosing the Deeds of Trust or exercising any other right under, any of under the Agreements or any other guaranty. Loan Documents. (b) Suit may be brought or demand may be made against Market Participant Borrower or against any or all Persons parties who have signed this Guaranty or any other guaranty covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Administrative Agent or any Lender against any party hereto.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of paymentpayment and performance, and Guarantor shall be liable for the payment and performance of the Guaranteed Lease Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law Law or in equity, to require Guaranteed Party Administrative Agent or any Lender to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market ParticipantPerson. It shall not be necessary for Guaranteed PartyAdministrative Agent or any Lender, in order to enforce this Guarantysuch payment or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant Borrower or any other Person liable on such indebtedness or for any of the Guaranteed Obligations or any of the other obligations (includingsuch performance, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationssuch indebtedness or performance, or to join Market Participant Borrower or any other Person liable for the payment or performance of the Guaranteed Lease Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction payment or performance of the Guaranteed Lease Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party Administrative Agent or any Lender from suing on, on any Note or foreclosing the Deed of Trust or exercising any other right under, any of under the Agreements or any other guaranty. Loan Documents. (b) Suit may be brought or demand may be made against Market Participant Borrower or against any or all Persons parties who have signed this Guaranty or any other guaranty covering all or any part of the Guaranteed Lease Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Administrative Agent or any Lender against any party hereto.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of paymentpayment and performance, and Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law or in equity, to require Guaranteed Party Lender to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, or to cause a marshalling of the Market Participantassets of the Borrower or of any of the collateral securing the Guaranteed Obligations. It shall not be necessary for Guaranteed PartyLender, in order to enforce this Guarantysuch payment or performance by Guarantor, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant Borrower or to proceed against any other Guarantor or Person liable on or for any of the such Guaranteed Obligations or for such performance or to proceed against any of the such other obligations (includingGuarantor or Persons in any particular order, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligationssuch Guaranteed Obligations or performance, or to join Market Participant Borrower or any other Person liable for the payment or performance of the Guaranteed Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction payment or performance of the Guaranteed Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party Lender from suing on, on the Note or exercising any other right under, any of under the Agreements or any other guaranty. Loan Documents. (b) Suit may be brought or demand may be made against Market Participant Borrower or against any or all Persons parties who have signed this Guaranty or any other guaranty covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Lender against any party hereto.

Primary Liability of Guarantor. This Guaranty is an absolute, irrevocable, unconditional and continuing guaranty of payment, and Guarantor shall be liable for the payment of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law or in equity, to require Guaranteed Party to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market Participant. It shall not be necessary for Guaranteed Party, in order to enforce this Guaranty, first to institute suit or pursue or exhaust any rights or remedies against the Market Participant or any other Person liable on or for any of the Guaranteed Obligations or any of the other obligations (including, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights against any security given to secure any of the Obligations, or to join Market Participant or any other Person liable for the Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction of the Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party from suing on, or exercising any other right under, any of the Agreements or any other guaranty. Suit may be brought or demand may be made against Market Participant or against any or all Persons who have signed this Guaranty or any other Formatted: Left guaranty covering all or any part of the Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party against any party hereto.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable, irrevocable and unconditional and continuing guaranty of payment, payment and performance. Guarantor shall be is liable for the payment and performance of the Guaranteed Obligations Obligations, as set forth in this Guaranty, as a primary obligor. This Guaranty . (b) In the event of default in payment or performance of the Guaranteed Obligations, or any part thereof, when such Guaranteed Obligations become due, whether by its terms, by acceleration, or otherwise, Guarantor shall promptly pay the amount due thereon to Administrative Agent without notice or demand, of any kind or nature, in lawful money of the United States of America or perform the obligations to be effective as a waiver ofperformed hereunder, and Guarantor hereby expressly waives, any right to which Guarantor may otherwise have been entitled, whether existing under statute, at law or in equity, to require Guaranteed Party to take prior recourse or proceedings against any collateral, security or Person (as defined below), including, without limitation, the Market Participant. It it shall not be necessary for Guaranteed Party, Administrative Agent or any Lender in order to enforce this Guarantysuch payment and performance by Guarantor first, first or contemporaneously, to institute suit or pursue or exhaust any rights or remedies against the Market Participant First Western or any other Person others liable on or for any of the Guaranteed Obligations or any of the other obligations (includingObligations, without limitation any performance obligations) of the Market Participant under or pursuant to the Agreements (as defined below) (collectively, the “Obligations”) or to enforce any rights rights, remedies, powers, privileges or benefits of Administrative Agent or any Lender against any collateral or any other security or collateral which shall ever have been given to secure any of the Guaranteed Obligations, or to join Market Participant or any other Person liable for the Obligations or any part thereof in any action to enforce this Guaranty, or to resort to any other means of obtaining satisfaction of the Obligations; provided, however, that nothing herein contained shall prevent Guaranteed Party from suing on, or exercising any other right under, any of the Agreements or any other guaranty. . (c) Suit may be brought or demand may be made against Market Participant or against any or all Persons parties who have signed this Guaranty or any other guaranty in favor of the Administrative Agent or any Lender covering all or any part of the Guaranteed Obligations, or against any one or more of them, separately or together, without impairing the rights of Guaranteed Party Administrative Agent or any Lender against any party hereto. Any time that either Administrative Agent or any Lender is entitled to exercise its rights or remedies hereunder, Administrative Agent or such Lender may in its discretion elect to demand payment and/or performance. If Administrative Agent or any Lender elects to demand performance, it shall at all times thereafter have the right to demand payment until all of the Guaranteed Obligations have been paid and performed in full. If Administrative Agent or any Lender elects to demand payment, it shall at all times thereafter have the right to demand performance until all of the Guaranteed Obligations have been paid and performed in full.