Common use of The Holdings Guaranty Clause in Contracts

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks and the Banks to enter into this Agreement and to extend credit hereunder and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and the issuance of the Letters of Credit, Holdings hereby agrees with the Banks as follows: Holdings hereby unconditionally and irrevocably guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Borrower to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”). If any or all of the Guaranteed Obligations becomes due and payable, Holdings unconditionally promises to pay such Guaranteed Obligations to the Banks, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include any and all advances, debts, obligations and liabilities of the Borrower arising in connection with this Agreement or any other Credit Documents or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceable.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks and the Banks Lenders to enter into this Agreement and to extend credit hereunder and in recognition of the direct benefits to be received by Holdings the Guarantor from the proceeds of the Loans and the issuance of the Letters of Credit, Holdings the Guarantor hereby agrees with the Banks Lenders as follows: Holdings the Guarantor hereby unconditionally and irrevocably guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Borrower to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Lenders. If any or all of the Guaranteed Obligations indebtedness of the Borrower to the Lenders becomes due and payablepayable hereunder, Holdings the Guarantor unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksLenders, or order, on demand, together with any and all expenses which may be incurred by the Administrative Agent Senior Managing Agents or the Banks Lenders in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include word "indebtedness" is used in this Section 13 in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of the Borrower arising in connection with this Agreement or and any other Credit Documents or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed CreditorDocument, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceable.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks and the Banks to enter into this Agreement and to extend credit hereunder and in recognition of the direct benefits to be received by 1.01 The Holdings from the proceeds of the Loans and the issuance of the Letters of Credit, Holdings hereby agrees with the Banks as follows: Guaranty. Holdings hereby unconditionally and irrevocably guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of each of the Borrower and the Account Party to the Guaranteed Creditors under this the Credit Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditor. If any or all of the indebtedness of either the Borrower or the Account Party to the Guaranteed Obligations Creditors becomes due and payablepayable under the Credit Agreement or under such other Credit Documents or Interest Rate Agreement or Other Hedging Agreements, Holdings unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, on demand, together with any and all reasonable out-of-pocket expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include word "indebtedness" is used in this Section 1 in its most comprehensive sense and means any and all advances, debts, obligations and liabilities of each of the Borrower and the Account Party arising in connection with this the Credit Agreement or any other Credit Documents or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower and the Account Party may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceable.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks and the Banks to enter --------------------- into this Agreement and to extend credit hereunder and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and the issuance of the Letters of Credit, Holdings hereby agrees with the Banks as follows: Holdings hereby unconditionally and irrevocably guarantees guarantees, as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Borrower Guaranteed Obligations of each of the Borrowers to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Guaranteed Obligations of the Borrowers to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, or order, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include . If claim is ever made upon any and all advances, debts, obligations and liabilities Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrowers), then and in connection with such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings, notwithstanding any revocation of this Agreement Holdings Guaranty or any other Credit Documents instrument evidencing any liability of the Borrowers, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not recovered to the same extent as if such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred amount had never originally been received by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablepayee.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks Agents and the Banks Lenders to enter into this Agreement and to extend credit hereunder hereunder, to induce Lenders or any of their respective Affiliates to enter into the Interest Rate Protection Agreements or Other Hedging Agreements, and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and Loans, the issuance of the Letters of Credit, and the entering into of Interest Rate Protection Agreements or Other Hedging Agreements, Holdings hereby agrees with the Banks Guaranteed Creditors as follows: Holdings hereby unconditionally and irrevocably guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Guaranteed Obligations of the Borrower to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Guaranteed Obligations of the Borrower to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings irrevocably and unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, or order, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include . This Holdings Guaranty is a guaranty of payment and not of collection. If claim is ever made upon any and all advances, debts, obligations and liabilities Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising in connection with this Agreement Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected in good faith by such payee with any such claimant (including the Borrower), then and in such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon it, notwithstanding any revocation of this Holdings Guaranty or other Credit Documents instrument evidencing any liability of the Borrower, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not recovered to the same extent as if such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred amount had never originally been received by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablepayee.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks and the Banks Lenders to enter into this Agreement and to extend credit hereunder and to induce the Lenders or any of their respective Affiliates to enter into Secured Hedge Agreements or Cash Management Services, and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and Loans, the issuance of the Letters of CreditCredit and the entering into of Secured Hedge Agreements or Cash Management Services, Holdings hereby agrees with the Banks as follows: Holdings hereby unconditionally and irrevocably guarantees (the “Holdings Guaranty”), as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Borrower Holdings Guaranteed Obligations to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Holdings Guaranteed Obligations to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Holdings Guaranteed Obligations” shall include any . This Holdings Guaranty is a guaranty of payment and not of collection. This Holdings Guaranty is a continuing one and all advances, debts, obligations and liabilities to which it applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon. If any claim is ever made upon any Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising Holdings Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrowers), then and in connection with such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings, notwithstanding any revocation of this Agreement Holdings Guaranty or any other Credit Documents instrument evidencing any liability of the Borrowers, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not recovered to the same extent as if such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred amount had never originally been received by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablepayee.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks Agents and the Banks to enter into this Agreement and to extend credit hereunder hereunder, to induce Banks or any of their respective Affiliates to enter into the Interest Rate Protection Agreements or other Hedging Agreements, and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and Loans, the issuance of the Letters of Credit, and the entering into of Interest Rate Protection Agreements or Other Hedging Agreements, Holdings hereby agrees with the Banks Guaranteed Creditors as follows: 157 (a) Holdings hereby unconditionally and irrevocably guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Guaranteed Obligations of the Borrower to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Guaranteed Obligations of the Borrower to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings irrevocably and unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, or order, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include . If claim is ever made upon any and all advances, debts, obligations and liabilities Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrower), then and in connection with such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings, notwithstanding any revocation of this Agreement Holdings Guaranty or other instrument evidencing any liability of the Borrower, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by any such payee. (b) Holdings hereby acknowledges and affirms that it understands that to the extent the Guaranteed Obligations are secured by real property located in the State of California, Holdings shall be liable for the full amount of the liability hereunder notwithstanding foreclosure on such real property by trustee sale or any other Credit Documents reason impairing Holdings' or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such indebtedness is from time secured creditor's right to time reduced, or extinguished and thereafter increased or incurred, whether proceed against the Borrower or any other guarantor of the Guaranteed Obligations. (c) Holdings hereby waives, to the fullest extent permitted by applicable law, all rights and benefits under Sections 580a, 580b, 580d and 726 of the California Code of Civil Procedure. Holdings hereby further waives, to the fullest extent permitted by applicable law, without limiting the generality of the foregoing or any other provision hereof, all rights and benefits which might otherwise be available to Holdings under Sections 2809, 2810, 2815, 2819, 2821, 2839, 2845, 2848, 2849, 2850, 2899 and 3433 of the California Civil Code. 158 (d) Holdings waives its rights of subrogation and reimbursement and any other rights and defenses available to Holdings by reason of Sections 2787 to 2855, inclusive, of the California Civil Code, including, without limitation, (1) any defenses Holdings may have to this guaranty being issued pursuant to this Section 14 by reason of an election of remedies by the Guaranteed Creditors and (2) any rights or defenses Holdings may have by reason of protection afforded to the Borrower pursuant to the antideficiency or other laws of California limiting or discharging the Borrower's indebtedness, including, without limitation, Section 580a, 580b, 580d or 726 of the California Code of Civil Procedure. In furtherance of such provisions, Holdings hereby waives all rights and defenses arising out of an election of remedies by the Guaranteed Creditors, even though such election of remedies (such as a nonjudicial foreclosure) destroys Holdings' rights of subrogation and reimbursement against the Borrower by the operation of Section 580d of the California Code of Civil Procedure or otherwise. Holdings warrants and agrees that each of the waivers set forth above is made with full knowledge of its significance and consequences and that if any of such waivers are determined to be liable individually contrary to any applicable law or jointly with otherspublic policy, whether or not recovery upon such indebtedness may waivers shall be or hereafter become barred effective only to the maximum extent permitted by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablelaw.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks and the Banks Lenders to enter into this Agreement and to extend credit hereunder and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and the issuance of the Letters of Credit, Holdings hereby agrees with the Banks Lenders as follows: Holdings hereby unconditionally and irrevocably guarantees guarantees, as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Borrower Guaranteed Obligations of each of the Borrowers to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Guaranteed Obligations of the Borrowers to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, or order, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include any . This Holdings Guaranty is a continuing one and all advances, debts, obligations and liabilities to which it applies or may apply under the terms hereof shall be conclusively presumed to have been created in a reliance hereon. If claim is ever made upon any Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrowers), then and in connection with such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings, notwithstanding any revocation of this Agreement Holdings Guaranty or any other Credit Documents instrument evidencing any liability of the Borrowers, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not recovered to the same extent as if such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred amount had never originally been received by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablepayee.

The Holdings Guaranty. In order to induce the Administrative Agent, the Issuing Banks Agents and the Banks to enter into this Agreement and to extend credit hereunder hereunder, to induce Banks or any of their respective Affiliates to enter into the Interest Rate Protection Agreements or other Hedging Agreements, and in recognition of the direct benefits to be received by Holdings from the proceeds of the Loans and Loans, the issuance of the Letters of Credit, and the entering into of Interest Rate Protection Agreements or Other Hedging Agreements, Holdings hereby agrees with the Banks Guaranteed Creditors as follows: Holdings hereby unconditionally and irrevocably guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Guaranteed Obligations of the Borrower to the Guaranteed Creditors under this Agreement and the other Credit Documents and all Interest Rate Protection Agreements or Other Hedging Agreements entered into by a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor (the “Guaranteed Obligations”)Creditors. If any or all of the Guaranteed Obligations of the Borrower to the Guaranteed Creditors becomes due and payablepayable hereunder, Holdings irrevocably and unconditionally promises to pay such Guaranteed Obligations indebtedness to the BanksGuaranteed Creditors, or order, on demand, together with any and all expenses which may be incurred by the Administrative Agent or the Banks Guaranteed Creditors in collecting any of the indebtedness. The term “Guaranteed Obligations” shall include . If claim is ever made upon any and all advances, debts, obligations and liabilities Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the Borrower arising in connection with this Agreement Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (ii) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrower), then and in such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings, notwithstanding any revocation of this Holdings Guaranty or other Credit Documents instrument evidencing any liability of the Borrower, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or under any Interest Rate Protection Agreement or Other Hedging Agreement with a Guaranteed Creditor or a Lending Affiliate of a Guaranteed Creditor, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not recovered to the same extent as if such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Borrower may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred amount had never originally been received by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceablepayee.