Examples of Indemnity Guarantor in a sentence
The financial statements of such Indemnity Guarantor previously submitted to Agent are true, complete and correct in all material respects, disclose all actual and contingent liabilities, fairly present the financial condition of such Indemnity Guarantor as of the date thereof, and do not contain any untrue statement of a material fact or omit to state a fact material to such financial statements.
Such Indemnity Guarantor owns a direct or indirect interest in Borrower and will derive substantial benefit from the making of the Loan to Borrower.
Each Indemnity Guarantor acknowledges by executing this Indemnity Guaranty that Agent has notified Indemnity Guarantors that, pursuant to the requirements of the Patriot Act, Agent is required to obtain, verify and record such information as may be necessary to identify Indemnity Guarantors including, without limitation, the name and address of each Indemnity Guarantor in accordance with the Patriot Act.
Agent may apply all money received from any Indemnity Guarantor pursuant to this Indemnity Guaranty to payment or reduction of the Guaranteed Obligations then due or reimbursement of Agent’s reasonable expenses or interest payable by Indemnity Guarantors under this Indemnity Guaranty, in such priority and proportions, and at such time or times as Agent may elect.
Such Indemnity Guarantor is now solvent and will not be rendered insolvent by providing this Indemnity Guaranty.
Each Indemnity Guarantor hereby assigns such dividends and payments to Agent.
If any Indemnity Guarantor has chosen not to obtain legal representation, whether due to cost considerations or for other reasons, the lack of such representation shall not furnish any Indemnity Guarantor with any defense to the enforcement of Agent’s rights hereunder.
Each Indemnity Guarantor agrees that it shall be collaterally estopped from contesting, and shall be bound conclusively in any subsequent action, in any jurisdiction, by the judgment in any action by Agent against Borrower or any Indemnity Guarantor in connection with the Loan Documents (wherever instituted) as if such Indemnity Guarantor were a party to such action even if not so joined as a party.
No Indemnity Guarantor may assign any of its rights, powers, duties and obligations hereunder, or substitute another Person in lieu of itself as the obligor hereunder.
Such Indemnity Guarantor has the requisite legal capacity to execute and deliver this Indemnity Guaranty and perform its obligations hereunder.