Indebtedness Guaranteed. Guarantor hereby absolutely and unconditionally guarantees the prompt payment in full of the Obligations (as defined below), as and when the same (including without limitation portions thereof) become due and payable. Guarantor acknowledges that the amount of the Obligations may exceed the principal amount of the Note. Moreover, at any time after the Effective Date and until all of Borrower’s obligations under all of the Transaction Documents are paid and performed in full, or within the timeframes otherwise specifically set forth in the Transaction Documents, Guarantor hereby covenants: (i) that it will not issue securities in any Variable Rate Transaction (as defined in the Purchase Agreement, but as applicable to Guarantor and not Borrower), provided that such prohibition shall not prohibit Guarantor from issuing securities pursuant to any Variable Rate Transactions entered into by Guarantor prior to the date hereof, or issue or guarantee any debt instrument or incur any debt other than any guarantee or debt (1) in favor of Borrower, (2) as described on Schedule 4(iii) of the Purchase Agreement, or (3) trade payables in the ordinary course of business, without Lender’s prior written consent, which consent may be granted or withheld in Lender’s sole discretion; provided, however, that no consent is required in connection with the issuance of any debt instrument to any party that is affiliated with Lender; and (ii) Guarantor shall not enter into any agreement or otherwise agree to any covenant, condition, or obligation that locks up, restricts in any way or otherwise prohibits Guarantor: (a) from entering into a Variable Rate Transaction with Lender or any affiliate of Lender, or (b) from issuing common stock, preferred stock, warrants, convertible notes, other debt securities, or any other Guarantor securities to Lender or any affiliate of Lender. Guarantor further acknowledges that the foregoing guaranty is made for the timely payment and performance of each of the Obligations and is not merely a guaranty of collection. The restrictions provided in this Section 1 shall not restrict or prohibit Guarantor’s performance of its obligations under any agreements or instrument in effect prior to the date hereof. For purposes of this Guaranty, “Obligations” means (a) all loans, advances, debts, liabilities and obligations, arising on or after the date of this Guaranty, owed by Borrower to Lender, pursuant to the Purchase Agreement (including the Note), together...
Indebtedness Guaranteed. The Indebtedness guaranteed by this Guaranty includes any and all of Borrower’s indebtedness to Lender and is used in the most comprehensive sense and means and includes any and all of Borrower’s liabilities, obligations and debts to Lender, now existing or hereinafter incurred or created, including, without limitation, all loans, advances, interest, costs, debts, overdraft indebtedness, credit card indebtedness, lease obligations, other obligations, and liabilities of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily incurred, due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined; whether Borrower may be liable individually or jointly with others, or primarily or secondarily, or as guarantor or surety; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever; and whether the Indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra xxxxx, or otherwise.
Indebtedness Guaranteed. The Guarantor hereby absolutely and unconditionally guarantees to the Lender the full and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of (i) the Obligations and (ii) each and every other sum now or hereafter owing to the Lender by the Borrower, including but not limited to, debts, liabilities and obligations arising out of loans, credit transactions, financial accommodations, discounts, purchases of property or other transactions with the Borrower or for the Borrower's account or out of any other transaction or event, owed to the Lender or owed to others by reason of participations granted to or interests acquired or created for or sold to them by the Lender, in each case whether now existing or hereafter arising, whether arising directly in a transaction or event involving the Lender or acquired by the Lender from another by purchase or assignment or as collateral security, whether owed by the Borrower as drawer, maker, endorser, accommodation party, guarantor, principal, surety or as a member of any partnership, syndicate, association or group or in any other capacity, whether absolute or contingent, direct or indirect, primary or secondary, sole, joint, several or joint and several, secured or unsecured, due or not due, contractual, tortious or statutory, liquidated or unliquidated, arising by agreement or imposed by law or otherwise (all of said sums being hereinafter called the "Indebtedness").
Indebtedness Guaranteed. The Guarantor hereby absolutely and unconditionally guarantees to the Lender the full and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of the Indebtedness.
Indebtedness Guaranteed. The Indebtedness guaranteed by this Guaranty includes the Note, including (a) all principal, (b) all interest, (c) all late charges, (d) all loan fees and loan charges, and (e) all collection costs and expenses relating to the Note or to any collateral for the Note. Collection costs and expenses include without limitation all of Lender's attorneys' fees.
Indebtedness Guaranteed. The Guarantor hereby absolutely and unconditionally guarantees to WFBC the full and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of each and every sum now or hereafter owing to WFBC by the Customer under the Agreement. (all of said sums being hereinafter called the “Indebtedness”).
Indebtedness Guaranteed. Guarantor hereby absolutely and unconditionally guarantees the prompt payment in full of the Obligations (as defined below), as and when the same (including without limitation portions thereof) become due and payable. Guarantor acknowledges that the amount of the Obligations may exceed the principal amount of the Note. Guarantor further acknowledges that the foregoing guaranty is made for the timely payment and performance of each of the Obligations and is not merely a guaranty of collection. For purposes of this Agreement, “Obligations” means (a) all loans, advances, debts, liabilities and obligations, howsoever arising, whether documented or undocumented, owed by Borrower to Investor or any affiliate of Investor of every kind and description, now existing or hereafter arising, whether created by the Note, the Purchase Agreement (as defined in the Note), any other Transaction Documents, any modification or amendment to any of the foregoing, guaranty of payment or other contract or by a quasi-contract, tort, statute or other operation of law, whether incurred or owed directly to Investor or an affiliate of Investor or acquired by Investor or an affiliate of Investor by purchase, pledge or otherwise, (b) all costs and expenses, including attorneys’ fees, incurred by Investor or any affiliate of Investor in connection with the Note or in connection with the collection or enforcement of any portion of the indebtedness, liabilities or obligations described in the foregoing clause (a), and (c) the performance of the covenants and agreements of Borrower contained in the Note and the other Transaction Documents.
Indebtedness Guaranteed. The Guarantor hereby absolutely and unconditionally guarantees to WFBCI the full and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of each and every sum now or hereafter owing to WFBCI by the Customer, including but not limited to, debts, liabilities and obligations arising out of purchases of property, financial accommodations, or other transactions with the Customer or for the Customer's account or out of any other transaction or event, owed to WFBCI, in each case whether now existing or hereafter arising, whether arising directly in a transaction or event involving WFBCI or acquired by WFBCI from another by purchase or assignment or as collateral security, whether owed by the Customer as drawer, maker, endorser, accommodation party, guarantor, principal, surety or as a member of any partnership, syndicate, association or group or in any other capacity, whether absolute or contingent, direct or indirect, primary or secondary, sole, joint, several or joint and several, secured or unsecured, due or not due, contractual, tortious or statutory, liquidated or unliquidated, arising by agreement or imposed by law or otherwise (all of said sums being hereinafter called the "Indebtedness").
Indebtedness Guaranteed. Guarantor unconditionally and irrevocably guarantees the prompt payment when due, whether at maturity or otherwise, of all of the Indebtedness. If Guarantor fails to make any payment of any part of the Indebtedness when due or, if the Note or Security Document under which such payment is due provides any cure period, before the expiration of said cure period, then said failure will constitute a default under this Guaranty Agreement.
Indebtedness Guaranteed. The Guarantor hereby irrevocably and unconditionally guarantees the prompt payment when due, whether at maturity or otherwise of the following (hereinafter collectively called the “Indebtedness”): All indebtedness, obligations and liabilities of the Borrower to the Bank (and also to others to the extent of participations granted them by the Bank) arising out of and pursuant to the Loan Agreement, now outstanding or owing or which may be existing or incurred, directly between the Borrower and the Bank, absolute or contingent, jointly and/or severally, secured or unsecured, arising by operation of law or otherwise, or direct or indirect, including, without limitation, the following:
a. That certain Term Note, dated of even date herewith, in the original principal amount of $1,675,000.00, executed by the Borrower and payable to the order of the Bank, together with any and all renewals, extensions for any period, increases and rearrangements thereof;
b. All liabilities of Borrower for future advances, extensions of credit, or other value at any time advanced, given, or made by the Bank to Borrower; and
c. The indebtedness, covenants and obligations of the Borrower contained or referred to in the Loan Agreement, including, without limitation, the reimbursement of reasonable expenses, all reasonable attorneys’ fees, commitment fees, and other liabilities, obligations, and indebtedness of the Borrower to the Bank arising pursuant to the provisions of the Loan Agreement, or any other instrument executed in connection with or as security for the Note.
