Common use of Unconditional Guaranty; Limitation of Liability Clause in Contracts

Unconditional Guaranty; Limitation of Liability. (a) Each Loan Party hereby absolutely, unconditionally and irrevocably jointly and severally guarantees (as primary obligor and not merely as surety) the punctual payment when due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, of all payment obligations of each Borrower (or, in the case of a Loan Party that is a Borrower, each other Borrower) now or hereafter existing under or in respect of this Agreement and the Notes (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, costs, expenses or otherwise (such obligations being the “Guaranteed Obligations”), and agrees to pay any and all expenses (including, without limitation, fees and expenses of counsel) incurred by the Agent or any Lender in enforcing any rights under this Agreement. Without limiting the generality of the foregoing, each Loan Party’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any Borrower to the Agent or any Lender under or in respect of this Agreement and the Notes but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such Borrower.

Unconditional Guaranty; Limitation of Liability. (a) Each Loan Party Guarantor, jointly and severally, hereby absolutely, unconditionally and irrevocably jointly and severally guarantees (as primary obligor and not merely as surety) the punctual payment when due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, of all payment obligations of each the Borrower (or, in the case of a Loan Party that is a Borrower, each other Borrower) now or hereafter existing under or in respect of this Agreement and the Notes other Loan Documents (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, contract causes of action, costs, expenses or otherwise (such obligations being the “Guaranteed Obligations”), and agrees to pay any and all expenses (including, without limitation, reasonable fees and expenses of counsel) incurred by the Agent or any Lender in enforcing any rights under this Agreement. Without limiting the generality of the foregoing, each Loan PartyGuarantor’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any the Borrower to the Agent or any Lender under or in respect of this Agreement and the Notes other Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such the Borrower.

Unconditional Guaranty; Limitation of Liability. (a) Each Loan Party Guarantor hereby absolutely, unconditionally and irrevocably jointly and severally guarantees (as primary obligor and not merely as surety) the punctual payment when due, whether at scheduled maturity or on any date of a required prepayment or by acceleration, demand or otherwise, of all payment obligations of each Borrower (or, in the case of a Loan Party that is a Borrower, each other Borrower) now or hereafter existing under or in respect of this Agreement and the Notes Loan Documents (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any or all of the foregoing obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, contract causes of action, costs, expenses or otherwise (such obligations being the “"Guaranteed Obligations”"), and agrees to pay any and all expenses (including, without limitation, reasonable fees and expenses disbursements of counsel) incurred by the Agent or any Lender in enforcing any rights under this AgreementGuaranty. Without limiting the generality of the foregoing, each Loan Party’s Guarantor's liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any Borrower other Loan Party to the Agent or any Lender under or in respect of this Agreement and the Notes Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving such Borrowerunder any applicable Bankruptcy Law.