Common use of Primary Liability of Guarantor Clause in Contracts

Primary Liability of Guarantor. This Guaranty constitutes a guarantee of payment and performance and not of collection. Accordingly, Lender may enforce this Guaranty against Guarantor without first making demand upon or instituting collection proceedings against Borrower. Guarantor's liability for the Guaranteed Obligations is hereby declared to be primary, and not secondary, and Guarantor may be called upon hereunder to make any payment when due under the Guaranteed Obligations irrespective of the existence of any default thereunder. Each document presently or hereafter executed by Borrower to evidence or secure an obligation to Lender is incorporated herein by reference and shall be fully enforceable against Guarantor.

Appears in 2 contracts

Samples: Guaranty (HLM Design Inc), Guaranty (HLM Design Inc)

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Primary Liability of Guarantor. This Guaranty constitutes a guarantee of payment and performance and not of collection. Accordingly, Lender may enforce this Guaranty against Guarantor without first making demand upon or instituting collection proceedings against Borrower. Guarantor's liability for the Guaranteed Obligations is hereby declared to be primary, and not secondary, and Guarantor may be called upon hereunder to make any payment when due under the Guaranteed Obligations irrespective of the existence of any default thereunderObligations. Each document presently or hereafter executed by Borrower to evidence or secure an obligation to Lender is incorporated herein by reference and shall be fully enforceable against Guarantor.

Appears in 2 contracts

Samples: Loan Agreement (Obsidian Enterprises Inc), Unconditional Guaranty (HLM Design Inc)

Primary Liability of Guarantor. This Guaranty constitutes a guarantee of payment and performance and not of collection. Accordingly, Lender may enforce this Guaranty against Guarantor without first making demand upon or instituting collection proceedings against Borrower. Guarantor's liability for the Guaranteed Obligations is hereby declared to be primary, and not secondary, and Guarantor may be called upon hereunder to make any payment when due under the Guaranteed Obligations irrespective of the existence of any default thereunder. Each document presently or hereafter executed by Borrower to evidence or secure an obligation to Lender is incorporated herein by reference and shall be fully enforceable against Guarantor.

Appears in 2 contracts

Samples: Unconditional Guaranty (Dynagen Inc), Unconditional Guaranty (Dynagen Inc)

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Primary Liability of Guarantor. This Guaranty constitutes a guarantee of payment and performance and not of collection. Accordingly, Lender the Authority may enforce this Guaranty against Guarantor without first making demand upon or instituting collection proceedings against Borrowerany other party liable for the Obligations (including any other guarantor of some or all of the Obligations). Guarantor's liability for the Guaranteed Obligations is hereby declared to be primary, and not secondary, ; and Guarantor may be called upon hereunder to make any payment when due under the Guaranteed Obligations irrespective of the existence of any default thereunder. Each document presently or hereafter executed by Borrower to evidence or secure an obligation to Lender is incorporated herein by reference and shall be fully enforceable against GuarantorObligations.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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