Common use of Waivers by Guarantor Clause in Contracts

Waivers by Guarantor. Guarantor hereby covenants that this Guaranty will not be discharged except by complete performance of the obligations contained in this Guaranty. To the fullest extent permitted by law, Guarantor waives all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, and notices of acceptance of, and reliance on, this Guaranty. Guarantor further waives all (a) notices of the existence, creation or incurring of new or additional Indebtedness arising either from additional loans extended to Borrower or otherwise, (b) notices that the principal amount, or any portion thereof (and any interest thereon), of the Loans or any of the other Guaranteed Obligations is due, (c) notices of any and all proceedings to collect from Borrower, any indorser or any other guarantor of all or any part of the Guaranteed Obligations, or from anyone else, (d), to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or collateral given to Lender to secure payment of all or any part of the Guaranteed Obligations, and (e) defenses based on suretyship or impairment of collateral.

Appears in 7 contracts

Samples: Guaranty (Digital Angel Corp), Guaranty (Digital Angel Corp), Guaranty (Digital Angel Corp)

AutoNDA by SimpleDocs

Waivers by Guarantor. Guarantor hereby covenants that this Guaranty will not be discharged except by complete performance of the obligations contained in this Guaranty. To the fullest extent permitted by law, Guarantor waives all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, and notices of acceptance of, and reliance on, this Guaranty. Guarantor further waives all (ai) notices of the existence, creation or incurring of new or additional Indebtedness arising either from additional loans extended to any Borrower or otherwise, (bii) notices that the principal amount, or any portion thereof (and any interest thereon), of the Loans or any of the other Guaranteed Obligations is due, (ciii) notices of any and all proceedings to collect from any Borrower, any indorser or any other guarantor of all or any part of the Guaranteed Obligations, or from anyone else, (d), iv) to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or collateral given to Lender Bank to secure payment of all or any part of the Guaranteed Obligations, and (ev) defenses based on suretyship or impairment of collateral.

Appears in 4 contracts

Samples: Guaranty (EQM Technologies & Energy, Inc.), Guaranty (EQM Technologies & Energy, Inc.), Guaranty (EQM Technologies & Energy, Inc.)

Waivers by Guarantor. Guarantor hereby covenants that this Guaranty will not be discharged except by complete performance of the obligations contained in this Guaranty. To the fullest extent permitted by law, Guarantor waives all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, and notices of acceptance of, and reliance on, this Guaranty. Guarantor further waives all (ai) notices of the existence, creation or incurring of new or additional Indebtedness arising either from additional loans extended to Borrower or otherwise, (bii) notices that the principal amount, or any portion thereof (and any interest thereon), of the Loans or any of the other Guaranteed Obligations is due, (ciii) notices of any and all proceedings to collect from Borrower, any indorser or any other guarantor of all or any part of the Guaranteed Obligations, or from anyone else, (d), iv) to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or collateral given to Lender to secure payment of all or any part of the Guaranteed Obligations, and (ev) defenses based on suretyship or impairment of collateral.

Appears in 2 contracts

Samples: Guaranty (Twinlab Consolidated Holdings, Inc.), Guaranty (Twinlab Consolidated Holdings, Inc.)

Waivers by Guarantor. Guarantor hereby covenants that this Guaranty will not be discharged except by complete performance of the obligations contained in this Guaranty. To the fullest extent permitted by law, Guarantor waives all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, and notices of acceptance of, and reliance on, on this Guaranty. Guarantor further waives all (ai) notices of the existence, creation or incurring of new or additional Indebtedness indebtedness, arising either from additional loans extended to Borrower or otherwise, (bii) notices that the principal amount, or any portion thereof (and any interest thereon), of the Loans or any of the other Guaranteed Obligations is due, (ciii) notices of any and all proceedings to collect from Borrower, any indorser or any other guarantor of all or any part of the Guaranteed Obligations, or from anyone else, and (div), to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or collateral given to Lender to secure payment of all or any part of the Guaranteed Obligations, and (e) defenses based on suretyship or impairment of collateral.

Appears in 2 contracts

Samples: Guaranty (Fm Precision Golf Corp), Guaranty (Fm Precision Golf Corp)

Waivers by Guarantor. Guarantor hereby covenants that this Guaranty will not be discharged except by complete performance of the obligations contained in this Guaranty. To the fullest extent permitted by law, Guarantor waives all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, and notices of acceptance of, and reliance on, this Guaranty. Guarantor further waives all (a) notices of the existence, creation creation, or incurring of new or additional Indebtedness indebtedness arising either from additional loans extended to Borrower or otherwise, (b) notices that the principal amount, or any portion thereof (and any interest thereon), of the Loans Loan or any of the other Guaranteed Obligations is due, (c) notices of any and all proceedings to collect from Borrower, any indorser indorser, or any other guarantor of all or any part of the Guaranteed Obligations, or from anyone else, (d), ) to the extent permitted by law, notices of exchange, sale, surrender surrender, or other handling of any security or collateral given to Lender to secure payment of all or any part of the Guaranteed Obligations, and (e) defenses based on suretyship or impairment of collateral.

Appears in 1 contract

Samples: Guaranty

AutoNDA by SimpleDocs

Waivers by Guarantor. Guarantor hereby covenants that this Guaranty will not be discharged except by complete performance of the obligations contained in this Guaranty. To the fullest extent permitted by law, Guarantor hereby waives all setoffs set-offs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, and notices of acceptance of, and reliance on, on this Guaranty. Guarantor further waives all (ai) notices of the existence, creation or incurring of new or additional Indebtedness indebtedness, arising either from additional loans extended to Borrower or otherwise, (bii) notices that the principal amount, or any portion thereof (and any interest thereon), of the Loans or any of the any other Guaranteed Obligations is due, (ciii) notices of any and all proceedings to collect from Borrower, any indorser or any other guarantor the Other Guarantor of all or any part of the Guaranteed Obligations, Obligations or from anyone else, and (div), to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or collateral given to Lender to secure payment of all or any part of the Guaranteed Obligations, and (e) defenses based on suretyship or impairment of collateral.notices

Appears in 1 contract

Samples: Loan Agreement (Omega Healthcare Investors Inc)

Waivers by Guarantor. Guarantor hereby covenants that this Guaranty will not be discharged except by complete performance of the obligations contained in this Guaranty. To the fullest extent permitted by law, Guarantor waives all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, and notices of acceptance of, and reliance on, this Guaranty. Guarantor further waives all defenses available to a surety, guarantor, or accommodation co-obligor other than the full payment of Obligations, including (a) notices of the existence, creation or incurring of new or additional Indebtedness arising either from additional loans extended to Borrower or otherwise, (b) notices that the principal amount, or any portion thereof (and any interest thereon), of the Loans or any of the other Guaranteed Obligations is due, (c) notices of any and all proceedings to collect from Borrower, any indorser or any other guarantor of all or any part of the Guaranteed Obligations, or from anyone else, (d), to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or collateral given to Lender Bank to secure payment of all or any part of the Guaranteed Obligations, and (e) defenses based on suretyship or suretyship, including impairment of collateralcollateral and alteration of underlying debt.

Appears in 1 contract

Samples: Financing Agreement (OVERSTOCK.COM, Inc)

Waivers by Guarantor. Guarantor hereby covenants that this Guaranty will not be discharged except by complete performance of the obligations contained in this Guaranty. To the fullest extent permitted by law, Guarantor waives all setoffs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor, and notices of acceptance of, and reliance on, this Guaranty. Guarantor further waives all (ai) notices of the existence, creation or incurring of new or additional Indebtedness indebtedness, arising either from additional loans extended to Borrower either or both of Borrowers or otherwise, (bii) notices that the principal amount, or any portion thereof (and any interest thereon), of the Loans or any of the other Guaranteed Obligations is due, (ciii) notices of any and all proceedings to collect from Borrowereither or both of Borrowers, any indorser or any other guarantor of all or any part of the Guaranteed Obligations, or from anyone else, and (div), to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security or collateral given to Lender to secure payment of all or any part of the Guaranteed Obligations, and (e) defenses based on suretyship or impairment of collateral.

Appears in 1 contract

Samples: Guaranty (Fm Precision Golf Corp)

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