Common use of Scope of Guaranty Clause in Contracts

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor hereunder is absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers and the Guarantor), (b) the invalidity, unenforceability or voidability of any Obligations or any liens or rights by any Person or Persons, (c) any delay in making demand upon any Borrower or any delay in enforcing, or any failure to enforce, any rights against any Borrower or any other Person or Persons liable for any or all of the Obligations or in any collateral pledged by any Person or Persons, even if such rights are thereby lost, (d) any failure, neglect or omission on Lender’s part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the Borrower, the Guarantor or any other party securing the Obligations, (e) the existence or nonexistence of any defenses which may be available to any Borrower with respect to the Obligations, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower or any Event(s) of Default under the Preferred Stock Agreement, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against any Borrower or any Guarantor or (h) any other fact, event, condition or omission which may give rise to suretyship defense or any other defense. Guarantor promises and undertakes to make all payments hereunder free and clear of any deduction, offset, defense, claim or counterclaim of any kind.

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor hereunder is absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers Client and the Guarantor)) or in any property, (b) the invalidity, unenforceability or voidability of any Obligations or any liens or rights in any property pledged by any Person or Persons, (c) any delay in making demand upon any Borrower Client or any delay in enforcing, or any failure to enforce, any rights against any Borrower Client or any other Person or Persons liable for any or all of the Obligations or in any collateral property pledged by any Person or Persons, even if such rights are thereby lost, (d) any failure, neglect or omission on LenderFGI’s part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the Borroweron, the any property of Client, Guarantor or any other party securing the Obligations, (e) the existence or nonexistence of any defenses which may be available to any Borrower the Client with respect to the Obligations, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower Client or any Event(s) Event of Default under the Preferred Stock MamaMancini’s Agreement, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against any Borrower Client or any Guarantor or (h) any other fact, event, condition or omission which may give rise to a suretyship defense or any other defense. Guarantor promises and undertakes to make all payments hereunder free and clear of any deduction, offset, defense, claim or counterclaim of any kind.

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor hereunder is absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers Client and the Guarantor)) or in any property, (b) the invalidity, unenforceability or voidability of any Obligations or any liens or rights in any property pledged by any Person or Persons, (c) any delay in making demand upon any Borrower Client or any delay in enforcing, or any failure to enforce, any rights against any Borrower Client or any other Person or Persons liable for any or all of the Obligations or in any collateral property pledged by any Person or Persons, even if such rights are thereby lost, (d) any failure, neglect or omission on LenderFGI’s part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the Borroweron, the any property of Client, Guarantor or any other party securing the Obligations, (e) the existence or nonexistence of any defenses which may be available to any Borrower the Client with respect to the Obligations, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower Client or any Termination Event(s) of Default under the Preferred Stock Corgenix UK Agreement, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against any Borrower Client or any Guarantor or (h) any other fact, event, condition or omission which may give rise to a suretyship defense or any other defense. Guarantor promises and undertakes to make all payments hereunder free and clear of any deduction, offset, defense, claim or counterclaim of any kind.

Scope of Guaranty. The Agreement Guaranty is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor hereunder is absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers Company and the Guarantor)) or in any property, (b) the invalidity, unenforceability or voidability of any Obligations or any liens or rights in any property pledged by any Person or Persons, (c) any delay in making demand upon any Borrower Company or any delay in enforcing, or any failure to enforce, any rights against any Borrower Company or any other Person or Persons liable for any or all of the Obligations or in any collateral property pledged by any Person or Persons, even if such rights are thereby lost, (d) any failure, neglect or omission on Lender’s part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on on, any property of the BorrowerCompany, the Guarantor or any other party securing the Obligations, (e) the existence or nonexistence of any defenses which may be available to any Borrower the Company with respect to the Obligations, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower Company or any Event(s) Event of Default or Termination Event under the Preferred Stock AgreementTransaction Documents, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against any Borrower Company or any Guarantor or (h) any other fact, event, condition or omission which may give rise to a suretyship defense or any other defense. Guarantor promises and undertakes to make all payments hereunder free and clear of any deduction, offset, defense, claim or counterclaim of any kind.

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor Guarantors hereunder is joint and several, absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers Companies, or any of them, and the any Guarantor)) or in any property, (b) the invalidity, unenforceability or voidability of any Obligations or any liens or rights in any property pledged by any Person or Persons, (c) any delay in making demand upon Companies, or any Borrower of them, or any delay in enforcing, or any failure to enforce, any rights against Companies, or any Borrower of them, or any other Person or Persons liable for any or all of the Obligations or in any collateral property pledged by any Person or Persons, even if such rights are thereby lost, (d) any failure, neglect or omission on LenderFGI’s part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the Borroweron, the any property of Companies, or any of them, any Guarantor or any other party securing the Obligations, (e) the existence or nonexistence of any defenses which may be available to the Companies, or any Borrower of them, with respect to the Obligations, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower Companies, or any Event(s) of them, or any Event of Default under the Preferred Stock Transaction Agreement, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against Companies, or any Borrower of them, or any Guarantor or (h) any other fact, event, condition or omission which may give rise to a suretyship defense or any other defense. Each Guarantor promises and undertakes to make all payments hereunder free and clear of any deduction, offset, defense, claim or counterclaim of any kind.

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor hereunder is absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers Client and the Guarantor)) or in any property, (b) the invalidity, unenforceability or voidability of any Obligations or any liens or rights in any property pledged by any Person or Persons, (c) any delay in making demand upon any Borrower Client or any delay in enforcing, or any failure to enforce, any rights against any Borrower Client or any other Person or Persons liable for any or all of the Obligations or in any collateral property pledged by any Person or Persons, even if such rights are thereby lost, (d) any failure, neglect or omission on LenderFGI’s part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the Borroweron, the any property of Client, Guarantor or any other party securing the Obligations, (e) the existence or nonexistence of any defenses which may be available to any Borrower the Client with respect to the Obligations, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower Client or any Termination Event(s) of Default under the Preferred Stock Magla Agreement, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against any Borrower Client or any Guarantor or (h) any other fact, event, condition or omission which may give rise to a suretyship defense or any other defense. Guarantor promises and undertakes to make all payments hereunder free and clear of any deduction, offset, defense, claim or counterclaim of any kind.

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor Guarantors hereunder is joint and several, absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers Clients and the any Guarantor)) or in any property, (b) the invalidity, unenforceability or voidability of any Obligations or any liens or rights in any property pledged by any Person or Persons, (c) any delay in making demand upon any Borrower Clients or any delay in enforcing, or any failure to enforce, any rights against any Borrower Clients or any other Person or Persons liable for any or all of the Obligations or in any collateral property pledged by any Person or Persons, even if such rights are thereby lost, (d) any failure, neglect or omission on LenderFGI’s part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the Borroweron, the Guarantor any property of Clients, Guarantors or any other party securing the Obligations, (e) the existence or nonexistence of any defenses which may be available to any Borrower the Clients with respect to the Obligations, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower Clients or any Event(s) Default or Event of Default under the Preferred Stock AgreementSale Agreements, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against any Borrower Clients or any Guarantor or (h) any other fact, event, condition or omission which may give rise to a suretyship defense or any other defense. Each Guarantor promises and undertakes to make all payments hereunder free and clear of any deduction, offset, defense, claim or counterclaim of any kind.

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor hereunder is absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers Client and the Guarantor)) or in any property, (b) the invalidity, unenforceability or voidability of any Obligations or any liens or rights in any property pledged by any Person or Persons, (c) any delay in making demand upon any Borrower Client or any delay in enforcing, or any failure to enforce, any rights against any Borrower Client or any other Person or Persons liable for any or all of the Obligations or in any collateral property pledged by any Person or Persons, even if such rights are thereby lost, (d) any failure, neglect or omission on LenderFGI’s part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the Borroweron, the any property of Client, Guarantor or any other party securing the Obligations, (e) the existence or nonexistence of any defenses which may be available to any Borrower the Client with respect to the Obligations, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower Client or any Event(s) of Default under the Preferred Stock AgreementMFA, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against any Borrower Client or any Guarantor or (h) any other fact, event, condition or omission which may give rise to a suretyship defense or any other defense. Guarantor promises and undertakes to make all payments hereunder free and clear of any deduction, offset, defense, claim or counterclaim of any kind.

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor Surety hereunder is absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers Borrower and the Guarantor)Surety) or in any property, (b) the invalidity, unenforceability or voidability of any Obligations or any liens or rights in any property pledged by any Person or Persons, (c) any delay in making demand upon any Borrower or any delay in enforcing, or any failure to enforce, any rights against any Borrower or any other Person or Persons liable for any or all of the Obligations or in any collateral property pledged by any Person or Persons, even if such rights are thereby lost, (d) any failure, neglect or omission on Lender’s 's part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the on, any property of Borrower, the Guarantor Surety or any other party securing the Obligations, (e) the existence or nonexistence of any defenses which may be available to any the Borrower with respect to the Obligations, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower or any Event(s) of Default under the Preferred Stock Loan Agreement, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against any Borrower or any Guarantor Surety or (h) any other fact, event, condition or omission which may give rise to a suretyship defense or any other defense. Guarantor Surety promises and undertakes to make all payments hereunder free and clear of any deduction, offset, defense, claim or counterclaim of any kind.

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor hereunder Guarantors under this Guaranty is coextensive with the Supplier's rights and obligations under the SA/SI/BS Contract, the Guarantors shall be entitled to all defenses, claims, setoffs and other rights to ,which the Supplier is entitled under the SA/SI/BS Contract. Except to the extent inconsistent with the foregoing sentence, this Guaranty is absolute, primaryirrevocable, unlimited and unconditional continuing and shall not be reduced, impaired or affected in any way by reason of unaffected by: (a) any failure to obtain, retain or preserve, or termination of the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers and the Guarantor), SA/SI/BS Contract; * (b) the invalidity, unenforceability or voidability existence of any Obligations claim, setoff, defense, counterclaim or other right which the Guarantors (but not the Supplier under the SA/SI/BS Contract) may have against any of the ISO Parties or any liens other natural person. Governmental Authority or rights by any Person other entity whether acting in an individual fiduciary or Personsother capacity (each, a "Person"): (c) the occurrence or continuance of any delay in making demand upon any Borrower event of bankruptcy, reorganization or any delay in enforcing, or any failure insolvency with respect to enforce, any rights against any Borrower Supplier or any other Person Person, or Persons liable for the dissolution, liquidation or winding up of Supplier or any or all of the Obligations or in any collateral pledged by any Person or Persons, even if such rights are thereby lost, other Person; (d) any failure, neglect amendment or omission on Lender’s part other modification of the SA/SI/BS Contract made pursuant to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the Borrower, the Guarantor or any other party securing the Obligations, its terms; (e) the existence exercise, non-exercise or nonexistence delay in exercising, by any of the ISO Parties, of any defenses which may be available to any Borrower with respect to the Obligations, of their rights and remedies under this Guaranty; (f) the granting any assignment or other transfer of any waiver or forbearance at any time and for any period with respect to any performance this Guaranty by any Borrower of the ISO Parties or any Event(s) assignment or other transfer of Default under the Preferred Stock Agreement, SA/SI/BS Contract in whole or in part; (g) any sale, transfer or other disposition by the commencement Guarantors of any bankruptcy, reorganization, liquidation, dissolution direct or receivership proceeding indirect interest that ABB or case filed by or against any Borrower or any Guarantor or Pxxxx Systems may have in the Supplier; (h) the absence of any notice to, or knowledge by. Guarantors of the existence or occurrence of any of the matters or events set forth in the foregoing clauses; or (i) any other fact, eventsimilar circumstance, condition or omission which may event that might constitute or give rise to suretyship a defense or any other defense. Guarantor promises and undertakes to make all payments hereunder free and clear performance by Guarantors of any deduction, offset, defense, claim or counterclaim of any kindits obligations under this Guaranty.

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor hereunder is absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person or Persons liable for the Obligations (including Borrowers Borrower and the Guarantor)) or in any property, (b) the invalidity, unenforceability or voidability of any Obligations or any liens or rights in any property pledged by any Person or Persons, (c) any delay in making demand upon any Borrower or any delay in enforcing, or any failure to enforce, any rights against any Borrower or any other Person or Persons liable for any or all of the Obligations or in any collateral property pledged by any Person or Persons, even if such rights are thereby lost, (d) any failure, neglect or omission on Lender’s 's part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the on, any property of Borrower, the Guarantor or any other party securing the Obligations, (e) the existence or nonexistence of any defenses which may be available to any the Borrower with respect to the Obligations, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower or any Event(s) of Default under the Preferred Stock Loan Agreement, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against any Borrower or any Guarantor or (h) any other fact, event, condition or omission which may give rise to a suretyship defense or any other defense. Guarantor promises and undertakes to make all payments hereunder free and clear of any deduction, offset, defense, claim or counterclaim of any kind.

Scope of Guaranty. The Agreement is an agreement of suretyship and a guaranty of payment and not of collection. The liability of the Guarantor hereunder is absolute, primary, unlimited and unconditional and shall not be reduced, impaired or affected in any way by reason of (a) any failure to obtain, retain or preserve, or the lack of prior enforcement of, any rights against any Person person(s) or Persons entity(ies) liable for in respect of the Obligations Loan (including Borrowers Borrower and the Guarantor), (b) the invalidity, unenforceability or voidability of any Obligations the Loan or any liens or rights by any Person person(s) or Personsentity(ies), (c) any delay in making demand upon any Borrower or any delay in enforcing, or any failure to enforce, any rights against any Borrower or any other Person person(s) or Persons entity(ies) liable for any or all of the Obligations Loan or in any collateral pledged by any Person person(s) or Personsentity(ies), even if such rights are arc thereby lost, (d) any failure, neglect or omission on Lender’s 's part to obtain, perfect or continue any lien upon, protect, exercise rights against, or realize on the Borrower, the Guarantor or any other party pxxxx securing the ObligationsLoan, (e) the existence or nonexistence of any defenses which may be available to any Borrower with respect to the ObligationsLoan, (f) the granting of any waiver or forbearance at any time and for any period with respect to any performance by any Borrower or any Event(s) of Default under the Preferred Stock AgreementNote, (g) the commencement of any bankruptcy, reorganization, liquidation, dissolution or receivership proceeding or case filed by or against any Borrower or any Guarantor guarantor or (h) any other fact, event, condition or omission which may give rise to suretyship defense or any other defense. Guarantor promises and undertakes to make all payments hereunder free fret and clear of any deduction, offset, defense, claim or counterclaim of any kind.