Term of Guaranty; Warranties. This Guaranty shall continue in full ------------------------------- force and effect until the indebtedness is fully paid, and all obligations of Borrower and Guarantor are performed and discharged. This Guaranty covers the indebtedness whether presently outstanding or arising subsequent to the date hereof including all amounts advanced by Lender in stages or installments. Guarantor warrants and represents to Lender, (I) that this Guaranty is binding upon and enforceable against Guarantor, its heirs, personal representatives, executors, successors, and assigns in accordance with its terms, (II) that the execution and delivery of this Guaranty do not violate any applicable laws or constitute a breach of any agreement to which Guarantor is a party, (III) that there is no litigation, claim, action or proceeding pending, or, to the best knowledge of Guarantor, threatened against Guarantor which would adversely affect the financial condition of Guarantor or its ability to fulfill its obligations hereunder. Guarantor agrees to promptly inform Lender of the adverse determination of any litigation, claim, action or proceeding or the institution of any litigation, claim, action or proceeding against Guarantor which does or could adversely affect the financial condition of Guarantor or its ability to fulfill its obligations hereunder.
Appears in 1 contract
Samples: Guaranty Agreement (American Leisure Holdings, Inc.)
Term of Guaranty; Warranties. This Guaranty shall continue in full ------------------------------- force and effect until the indebtedness is fully paid, and all obligations of Borrower and Guarantor are performed and discharged. This Guaranty covers the indebtedness whether presently outstanding or arising subsequent to the date hereof including all amounts advanced by Lender in stages or installments. Guarantor warrants and represents to Lender, (Ii) that this Guaranty is binding upon and enforceable against Guarantor, its heirs, personal representatives, executors, successors, and assigns in accordance with its terms, (IIii) that the execution and delivery of this Guaranty do not violate any applicable laws or constitute a breach of any agreement to which Guarantor is a party, (IIIiii) that there is no litigation, claim, action or proceeding pending, or, to the best knowledge of Guarantor, threatened against Guarantor which would adversely affect the financial condition of Guarantor or its ability to fulfill its obligations hereunder. Guarantor agrees to promptly inform Lender of the adverse determination of any litigation, claim, action or proceeding or the institution of any litigation, claim, action or proceeding against Guarantor which does or could adversely affect the financial condition of Guarantor or its ability to fulfill its obligations hereunder.
Appears in 1 contract
Samples: Guaranty Agreement (American Leisure Holdings, Inc.)
Term of Guaranty; Warranties. This Guaranty shall continue in full ------------------------------- force and effect until the indebtedness Indebtedness is fully paid, and all obligations of Borrower and Guarantor are performed and discharged. This Guaranty covers the indebtedness Indebtedness whether presently outstanding or arising subsequent to the date hereof including all amounts advanced by Lender the Bank in stages or installments. The Guarantor warrants and represents to Lenderthe Bank, (Ii) that this Guaranty is binding upon and enforceable against the Guarantor, its heirs, personal representatives, executors, successors, and assigns in accordance with its terms, (IIii) that the execution and delivery of this Guaranty do does not violate any applicable laws or constitute a breach of any agreement to which the Guarantor is a partyparty or of any applicable laws, (IIIiii) that there is no litigation, claim, action or proceeding pending, or, to the best knowledge of the Guarantor, threatened against the Guarantor which would materially adversely affect the financial condition of the Guarantor or its ability to fulfill its obligations hereunder, and (iv) that all warranties and representations by the Borrower contained in any of the Loan Documents are true and accurate in every material respect. Guarantor agrees to promptly inform the Bank of the adverse determination of any litigation, claim, arbitration action or proceeding against Guarantor which could materially adversely affect the financial condition of the Guarantor or its ability to fulfill its obligations hereunder. Guarantor agrees to promptly inform Lender of This Guaranty is binding on and enforceable against the adverse determination of any litigationGuarantor, claim, action or proceeding or the institution of any litigation, claim, action or proceeding against Guarantor which does or could adversely affect the financial condition of Guarantor or its ability to fulfill its obligations hereundersuccessors and assigns.
Appears in 1 contract
Term of Guaranty; Warranties. This Guaranty shall continue in full ------------------------------- force and effect until the indebtedness Indebtedness is fully paid, and all obligations of Borrower and Guarantor are performed and discharged. This Guaranty covers the indebtedness Indebtedness whether presently outstanding or arising subsequent to the date hereof including all amounts advanced by Lender Bank in stages or installments. Guarantor warrants and represents to Lenderbank, (Ii) that this Guaranty is binding upon and enforceable against Guarantor, its heirs, personal representatives, executors, successors, and assigns in accordance with its terms, (IIii) that the execution and delivery of this Guaranty do not violate any applicable laws or constitute a breach of any agreement to which Guarantor is a party, (IIIiii) that there is no litigation, claim, action or proceeding pending, or, to the best knowledge of Guarantor, threatened against Guarantor which would adversely affect the financial condition of Guarantor or its ability to fulfill its obligations hereunder. Guarantor agrees to promptly inform Lender Bank of the adverse determination of any litigation, claim, action or proceeding or the institution of any litigation, claim, action or proceeding against Guarantor which does or could adversely affect the financial condition of Guarantor or its ability to fulfill its obligations hereunder.
Appears in 1 contract
Samples: Guaranty Agreement (Chromavision Medical Systems Inc)
Term of Guaranty; Warranties. This Guaranty shall continue in full ------------------------------- force and effect until the indebtedness Indebtedness is fully paid, and all obligations of Borrower and Guarantor are performed and discharged. This Guaranty covers the indebtedness Indebtedness whether presently outstanding or arising subsequent to the date hereof including all amounts advanced by Lender Bank in stages or installments. Guarantor warrants and represents to LenderBank, (Ii) that this Guaranty is binding upon and enforceable against Guarantor, its heirs, personal representatives, executors, successors, and assigns in accordance with its terms, (IIii) that the execution and delivery of this Guaranty do not violate any applicable laws or constitute a breach of any agreement to which Guarantor is a party, (IIIiii) that there is no litigation, claim, action or proceeding pending, pending or, to the best knowledge of Guarantor, threatened against Guarantor which would adversely affect the financial condition of Guarantor or its ability to fulfill its obligations hereunder. Guarantor agrees to promptly inform Lender Bank of the adverse determination of any litigation, claim, action or proceeding or the institution of any litigation, claim, action or proceeding against Guarantor which does or could adversely affect the financial condition of Guarantor or its ability to fulfill its obligations hereunder.
Appears in 1 contract
Term of Guaranty; Warranties. This Guaranty shall continue in full ------------------------------- force and effect until the indebtedness Indebtedness is fully paid, and all obligations of Borrower and Guarantor Guarantors are performed and discharged. This Guaranty covers the indebtedness Indebtedness whether presently outstanding or arising subsequent to the date hereof including all amounts advanced by Lender in stages or installmentshereof. Guarantor Each of the Guarantors warrants and represents to Lender, (Ii) that this Guaranty is binding upon and enforceable against Guarantor, its heirs, personal representatives, executors, successors, and assigns in accordance with its terms, (IIii) that the execution and delivery of this Guaranty do does not violate any applicable laws or constitute a breach of any agreement to which such Guarantor is a party, (IIIiii) that there is no litigation, claim, action or proceeding pending, or, to the best knowledge of Guarantor, threatened against Guarantor which would adversely affect the financial condition of Guarantor or its his ability to fulfill its his obligations hereunder. Each Guarantor agrees to promptly inform Lender of the adverse determination of any litigation, claim, action or proceeding or the institution of any litigation, claim, action or proceeding against Guarantor which does or could adversely affect the financial condition of Guarantor or its his ability to fulfill its his obligations hereunder.
Appears in 1 contract
Samples: Portfolio Purchase Agreement (Autofund Servicing Inc)