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.

Appears in 2 contracts

Samples: Exhibit 99 (Dynagen Inc), 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 thereunderObligations.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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), HLM Design Inc

Primary Liability of Guarantor. This Guaranty constitutes a guarantee of payment and performance and not a guarantee and indemnity of collection. Accordingly, Lender may enforce this Guaranty against Guarantor for payment of any amounts due under or performance of any of the Guaranty Obligations as they become due and without first making demand upon or instituting collection or other proceedings against Borrower, any other guarantor of the Obligations or any other Person liable for any of the Obligations. Guarantor's liability for the Guaranteed Guaranty Obligations is hereby declared by mutual agreement 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.

Appears in 2 contracts

Samples: Guaranty (Cedar Income Fund LTD /Md/), Cedar Income Fund LTD /Md/

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Primary Liability of Guarantor. Guarantor agrees that this Guaranty may be enforced by Lender without the necessity at any time of resorting to or exhausting any other security or collateral. This Guaranty constitutes is a guarantee guaranty of payment and performance and not merely 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.

Appears in 1 contract

Samples: Guaranty Agreement (Adcare Health Systems, Inc)

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