Xxxxxx Guarantee. 17 SECTION 5.
Xxxxxx Guarantee. Xxxxxx hereby guarantees the performance by the Company of all of its obligations under this Agreement and agrees to cause the Company to execute a counterpart of this Agreement upon its organization.
Xxxxxx Guarantee. Xxxxxx hereby absolutely, irrevocably and unconditionally guarantees to the Company (as a primary obligor and not as a surety only) the due and punctual payment of each Purchaser's Committed Amount payable by each Purchaser pursuant to this Agreement (collectively, the "Guaranteed Obligations").
Xxxxxx Guarantee. Xxxxxx guarantees the performance of AMI and Xxxxxx’x other Affiliates pursuant to the Distribution Agreement and this Agreement.
Xxxxxx Guarantee. Concurrently with the execution of this Agreement, Purchaser has delivered to Seller the Xxxxxx Guarantee duly executed by Xxxxxx. The Xxxxxx Guarantee Agreement is valid and in full force and effect and constitutes the valid and binding obligation of Xxxxxx, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar Laws relating to or affecting creditors’ rights generally or by general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law), and Xxxxxx has, and will have, sufficient assets to satisfy any and all obligations thereunder.
Xxxxxx Guarantee. Xxxx Xxxxxx shall enter into a guarantee agreement substantially in the form of Exhibit 1.12 (the “Xxxxxx Guaranty”), pursuant to which he will guarantee payment of any Claims, in an aggregate amount not to exceed (a) $9,750,000 for those Claims described in Section 8.05(b), clauses (i) and (ii); and (b) $7,500,000 for any other Claims pursuant to Section 8.01. The Xxxxxx Guaranty shall be open to claims made thereunder for a period of twelve (12) months following the Closing Date, at the conclusion of which the guarantor shall no longer be liable thereunder other than for the value of Claims asserted as of that date by Purchaser.
Xxxxxx Guarantee. Xxxxxx hereby guarantees the timely performance and obligations of NDI under this Agreement.
Xxxxxx Guarantee. From the date hereof until the Closing or, if this Agreement is terminated prior to the Closing, until the later of one month following such termination or the final resolution of any Claim brought within such one month period by Seller or Parent with respect to such termination, Xxxxxx agrees to cause Purchaser to perform all of its obligations under this Agreement (the “Purchaser Obligations”) and absolutely, unconditionally and irrevocably guarantees, as a primary obligor and not merely as a surety, the performance of all such Purchaser Obligations. Following any failure of Purchaser to perform any Purchaser Obligation, Seller may enforce Xxxxxx’x obligations under this Section without first (a) suing Purchaser, (b) joining Purchaser in a suit against Xxxxxx or (c) enforcing any other rights and remedies against Purchaser. However, each of the defenses, limitations, conditions and qualifications on and with respect to the obligations of Purchaser hereunder (other than any such defense based upon or relating to the bankruptcy or insolvency of Purchaser) shall apply with equal force and effect to the obligations of Xxxxxx in respect of this guarantee.
Xxxxxx Guarantee. (a) Upon the earlier of (1) the date on which the obligation of the Company to file periodic reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act is terminated or suspended and (2) February 23, 2010 (such earlier date, the “Effective Date”), Xxxxxx hereby agrees as follows:
Xxxxxx Guarantee. The organizer under the Travel Guarantee Act is Arctic Elements AB, which has also lodged se- curity with the Swedish Legal, Financial and Administrative Services Agency (Kammarkol- legiet).
