Common use of Demand not required Clause in Contracts

Demand not required. To charge the Guarantor under this Guaranty Agreement, no demand shall be required, but Landlord shall give Guarantor a copy of any notice of default provided to Tenant under the Lease. Landlord shall have the right to enforce this Guaranty Agreement without pursuing any rights or remedies of Landlord against Tenant or any other party or any security Landlord may hold, it being intended that immediately upon any breach or default by Tenant in the performance or observance of any covenant in the Lease, Landlord may enforce its rights directly against the Guarantor under this Guaranty Agreement without first proceeding against Tenant. Landlord may commence any action or proceeding based upon this Guaranty Agreement directly against the Guarantor for the full performance of the Lease without making Tenant or anyone else a party defendant in such action or proceeding. Any one or more successive or concurrent actions may be brought on this Guaranty Agreement against the Guarantor either by the same action, if any, brought against Tenant and/or any other party or in separate actions, as often as Landlord, in its sole discretion, may deem advisable.

Appears in 2 contracts

Sources: Shopping Center Lease (Fast Casual Concepts, Inc.), Shopping Center Lease (Fast Casual Concepts, Inc.)

Demand not required. To charge the Guarantor under this Guaranty and Suretyship Agreement, no demand shall be required, but Landlord required nor shall give Guarantor a copy of there be required any notice of any default provided in any of the Covenants of the Lease on the part of Tenant to Tenant under be performed or of the same as affected by any agreement or stipulation extending the time of performance or modifying the Covenants of the Lease. Guarantor hereby expressly waives any such demand or notice. Landlord shall have the right to enforce this Guaranty and Suretyship Agreement without pursuing any rights or remedies of Landlord against Tenant or any other party or any security Landlord may hold, it being intended that immediately upon any breach or default by Tenant in the performance or observance of any covenant in the Lease, Landlord may enforce its rights directly against the any Guarantor under this Guaranty and Suretyship Agreement without first proceeding against Tenant. Landlord may commence any action or proceeding based upon this Guaranty and Suretyship Agreement directly against the any Guarantor for the full performance of the Lease without making Tenant or anyone else a party defendant in such action or proceeding. Any one or more successive or concurrent actions may be brought on this Guaranty and Suretyship Agreement against the Guarantor either by the same action, if any, brought against Tenant and/or any other party or in separate actions, as often as Landlord, in its sole discretion, may deem advisable.

Appears in 1 contract

Sources: Agreement of Sale (Lenox Group Inc)