Examples of Xxxxx Guarantor in a sentence
Xxxxx, Guarantor agrees to pay to Agent, for the benefit of Purchasers, at Agent’s office located in New York County, New York or at such other place as Agent may specify to Guarantor in writing, on demand by Agent and without further notice of dishonor and without notice of any kind to any other Person, the full unpaid amount of the Guaranteed Obligations, in immediately available funds, or such lesser amount, if any, as may then be due and payable and demanded by Agent from time to time.
No amendments, additions to, alterations, modifications or waivers of all or any part of this Agreement shall be of any effect, unless in writing and signed by Xxxxxxxx, Xxxxx, the Xxxxxxxx Guarantor and the Xxxxx Guarantor.
The Xxxxx Guarantor agrees that any limitations or waivers of rights by Xxxxx under this Agreement shall also apply to any rights of the Xxxxx Guarantor under this Agreement.
Notwithstanding any other provisions of this Agreement to the contrary, no term or provision of this Article XII shall be amended, modified, altered, waived, or supplemented except in a writing signed by the Xxxxx Guarantor and Xxxxxxxx.
The foregoing obligation of each Xxxxx Guarantor constitutes a continuing guaranty of payment and performance, and not of collection, and is and shall be absolute and unconditional under any and all circumstances, including circumstances which might otherwise constitute a legal or equitable discharge of a surety or guarantor.
Notwithstanding any other provision in this Article XII to the contrary, the Xxxxx Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Xxxxx is entitled with respect to this Agreement, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Xxxxx.
The Xxxxx Guarantor waives any right it may have to require Xxxxxxxx first to proceed against or claim payment from Xxxxx before claiming against it under this Article XII.
If an Event of Default relating to certain events of bankruptcy, insolvency or reorganization of the Issuer, any Xxxxx Guarantor, Parent or the Company occurs and is continuing, the principal of and interest on all the Notes will ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any holders of the Notes.
Failure of Xxxxxxxx, Xxxxx, the Xxxxxxxx Guarantor or the Xxxxx Guarantor to require performance of any provision of this Agreement shall not affect either Party’s right to full performance thereof at any time thereafter, and the waiver by any such parties of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach or nullify the effectiveness of such provision.
HDSI will commit best efforts to resolve the obligation of payment of item 7 in the Use of Proceeds, the Xxxxx Guarantor Agreement attached as EXHIBIT C (the "Xxxxx Note").