Common use of Primary Liability Clause in Contracts

Primary Liability. The liability of Guarantor under this Guaranty is primary, direct and immediate, and, upon the occurrence of a Guaranty Default, Lessor may proceed against Guarantor: (a) prior to or in lieu of proceeding against any Subsidiary, its assets, any security deposit or any other guarantor; and (b) prior to or in lieu of pursuing any other rights or remedies available to Lessor. All rights and remedies afforded to Lessor by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. Upon the occurrence of a Guaranty Default, Lessor may bring and prosecute against Guarantor an action or actions under this Guaranty, regardless of whether Peak Subsidiary is joined therein or a separate action or actions are brought against Peak Subsidiary. Lessor may maintain successive actions for other defaults. Lessor's rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all Obligations have been paid and fully performed.

Appears in 2 contracts

Samples: Guaranty (Monarch Properties Inc), Guaranty (Monarch Properties Inc)

AutoNDA by SimpleDocs

Primary Liability. The liability of Guarantor under this Guaranty is with respect to the Sterling Transaction Documents shall be joint and several, primary, direct and immediate, and, upon the occurrence of a Guaranty Default, and Lessor may proceed against any Guarantor: (ai) prior to or in lieu of proceeding against any SubsidiaryLessee, its assets, any security deposit deposit, or any other guarantor; and (bii) prior to or in lieu of pursuing any other rights or remedies available to Lessor. All rights and remedies afforded to Lessor by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. Upon In the occurrence event of any default under any Sterling Transaction Document, a Guaranty Default, Lessor may bring and prosecute against Guarantor an separate action or actions under this Guarantymay be brought and prosecuted against the Guarantors, regardless or any one of them, whether Peak Subsidiary or not Lessee is joined therein or a separate action or actions are brought against Peak SubsidiaryLessee. Lessor may maintain successive actions for other defaults. Lessor's rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all Obligations indebtedness and obligations the payment and performance of which are hereby guaranteed have been paid and fully performed.

Appears in 2 contracts

Samples: Settlement Agreement (Omega Healthcare Investors Inc), Guaranty (Advocat Inc)

Primary Liability. The liability of Guarantor under this Guaranty is with respect to the Sterling Transaction Documents shall be joint and several, primary, direct and immediate, and, upon the occurrence of a Guaranty Default, and Lessor may proceed against the Guarantor: (ai) prior to or in lieu of proceeding against any Subsidiarythe Lessee, its assets, any security deposit deposit, or any other guarantor; and (bii) prior to or in lieu of pursuing any other rights or remedies available to Lessor. All rights and remedies afforded to Lessor by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. Upon In the occurrence event of any default under any Sterling Transaction Document, a Guaranty Default, Lessor may bring and prosecute against Guarantor an separate action or actions under this Guarantymay be brought and prosecuted against the Guarantor, regardless or any one of them, whether Peak Subsidiary or not the Lessee is joined therein or a separate action or actions are brought against Peak Subsidiarythe Lessee. Lessor may maintain successive actions for other defaults. Lessor's rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all Obligations indebtedness and obligations the payment and performance of which are hereby guaranteed have been paid and fully performed.

Appears in 1 contract

Samples: Settlement Agreement (Omega Healthcare Investors Inc)

Primary Liability. The liability of Guarantor under this Guaranty is with respect to the Master Lease and other Transaction Documents shall be primary, direct and immediate, and, upon the occurrence of a Guaranty Default, and Lessor may proceed against Guarantor: (ai) prior to or in lieu of proceeding against any Subsidiarythe Lessee, its assets, any security deposit deposit, or any other guarantor; and (bii) prior to or in lieu of pursuing any other rights or remedies available to Lessor. All rights and remedies afforded to Lessor by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. Upon In the occurrence event of any default under the Master Lease or any other Transaction Document, a Guaranty Default, Lessor may bring and prosecute against Guarantor an separate action or actions under this Guaranty, regardless of may be brought and prosecuted against Guarantor whether Peak Subsidiary or not the Lessee is joined therein or a separate action or actions are brought against Peak Subsidiarythe Lessee. Lessor may maintain successive actions for other defaults. Lessor's ’s rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all indebtedness and Obligations the payment and performance of which are hereby guaranteed have been paid and fully performed.

Appears in 1 contract

Samples: Guaranty (Sun Healthcare Group Inc)

AutoNDA by SimpleDocs

Primary Liability. The liability of Guarantor under this Guaranty is with respect to the Guaranteed Documents shall be primary, direct and immediate, and, upon the occurrence of a Guaranty Default, Lessor and Obligee may proceed against Guarantor: (a) prior to or in lieu of proceeding against any SubsidiaryPrimary Obligor, its assets, any security deposit deposit, or any other guarantor; and (b) prior to or in lieu of pursuing any other rights or remedies available to LessorObligee. All rights and remedies afforded to Lessor Obligee by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. Upon In the occurrence event of any default under the Guaranteed Documents, a Guaranty Default, Lessor may bring and prosecute against Guarantor an separate action or actions under this Guaranty, regardless of may be brought and prosecuted against Guarantor whether Peak Subsidiary or not Primary Obligor is joined therein or a separate action or actions are brought against Peak SubsidiaryPrimary Obligor. Lessor Obligee may maintain successive actions for other defaults. Lessor's Obligee’s rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all indebtedness and Obligations the payment and performance of which are hereby guaranteed have been paid and fully performed.

Appears in 1 contract

Samples: Guaranty (CAESARS ENTERTAINMENT Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!