Guarantee of Performance Sample Clauses

Guarantee of Performance. Each Guarantor also, jointly and severally, guarantees the full, prompt and unconditional performance of all Obligations and agreements of every kind owed or hereafter to be owed by the Company or the other Guarantors to the Investors or the Collateral Agent under this Guarantee and the other Transaction Documents. Every provision for the benefit of the Investors or the Collateral Agent contained in this Guarantee shall apply to the guaranty of performance given in this Section 9.

Guarantee of Performance. The Parent, as the Guarantor, hereby absolutely, irrevocably and unconditionally guarantees the full and complete performance of all obligations of the Counterparty to the Dealer under Section 2 (regarding Extraordinary Events) and Section 8(d), and the Counterparty’s indemnification obligations to the Dealer pursuant to Section 8(e) of the Amended Confirmation to the same extent as if the Parent were the Buyer (as defined in the Amended Confirmation) thereunder. The Guarantor’s obligations hereunder shall remain in full force and effect until this Guarantee shall have been fully and completely performed. If at any time any performance of this Guarantee is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Guarantor, the Counterparty or otherwise, the Guarantor’s obligations hereunder with respect to such performance shall be reinstated as though such performance had been due but not made at such time. The parties agree that in connection with the performance of its obligations hereunder, the Guarantor shall be entitled to all rights of the Buyer under the Amended Confirmation.

Guarantee of Performance. If either party (the "Insolvent Party") becomes insolvent; if the other party (the "Insecure Party") has evidence that the Insolvent Party is not paying its bills when due without just cause; if a receiver of the Insolvent Party's assets is appointed; if the Insolvent Party takes any step leading to its cessation as a going concern; or if the Insolvent Party either ceases or suspends operations for reasons other than a strike, then immediately upon receipt of written notice from the Insecure Party the Insolvent Party will provide adequate assurance, satisfactory to the Insecure Party, of the future performance of this Agreement. If bankruptcy proceedings are commenced with respect to the Insolvent Party, then the Insecure Party may suspend all further performance of this Agreement until the Insolvent Party assumes or rejects this Agreement pursuant to section 365 of the Bankruptcy Code or any similar or successor provision. Any such suspension of further performance by the Insecure Party pending the Insolvent Party's assumption or rejection will not be a breach of this Agreement and will not affect the Insecure Party's right to pursue or enforce any of its rights under this Agreement or otherwise 20 Third Party Rights. Nothing contained in this Agreement establishes or creates, or is intended or will be construed to establish or create, any right in or any duty or obligation to any third party.

Guarantee of Performance. (i) The previous owner must guarantee per- formance of the contract by the new owner during the contract period; or (ii) The new owner must post a per- formance bond that is satisfactory to CMS.

Guarantee of Performance. The Guarantor, as principal obligor and not as surety, unconditionally and irrevocably covenants with the Seller: (a) to cause the Purchaser to effect prompt and complete performance of all the terms, covenants, conditions and provisions of the Transaction Documents that are to be kept, observed and performed by the Purchaser; (b) that, if for any reason whatsoever, including the insolvency or bankruptcy of the Purchaser, or if the Purchaser shall at any time or from time to time fail to keep, perform or observe any term, covenant, condition or provision of any of the Transaction Documents that is to be kept, observed or performed by the Purchaser, then the Guarantor shall forthwith on demand of the Seller, perform or observe, as the case may be, such term, covenant, condition or provision in accordance with the relevant provisions of the Transaction Documents; and (c) that the Guarantor is jointly and severally bound with the Purchaser to perform the terms, covenants, obligations (including indemnification), conditions and provisions of the Transaction Documents that are to be kept, observed and performed by the Purchaser and, in the enforcement of its rights pursuant to this Section 9.28 the Seller may proceed against the Guarantor as if the Guarantor was a principal party under this Agreement with respect to such terms, covenants, conditions and provisions applicable to the Purchaser. In the event of a default by the Purchaser under any of the Transaction Documents, the Guarantor waives notice, presentment and any right to require the Seller to: (d) proceed against the Purchaser or pursue any rights or remedies with respect to the Transaction Documents against the Purchaser, or (e) pursue any other remedy whatsoever in the power of the Seller prior to the Seller pursuing any rights it may have under the Transaction Documents against the Guarantor. Execution Copy Without limiting the generality of the foregoing, the liability of the Guarantor shall not be deemed to have been waived, released, discharged, impaired or affected by reason of the release or discharge of the Purchaser in any receivership, bankruptcy, winding-up or other creditors' proceedings or the rejection, disaffirmance or disclaimer of any of the Transaction Documents in any proceeding or any other matter, and shall continue with respect to the periods prior thereto and thereafter, for and with respect to the Transaction Documents. This guarantee shall continue notwithstanding any assignm...

Guarantee of Performance. Parent hereby guarantees the performance by Acquisition and, after the Effective Time, the Surviving Corporation of its obligations under this Agreement, including but not limited to the Surviving Corporation's obligations under Section 5.13.

Guarantee of Performance. Each Party hereby guarantees the performance of its Affiliates under this Agreement.

Guarantee of Performance. In the event that Employer fails to comply with any of its obligations pursuant to this Agreement, Craftmade shall use its best efforts to fulfill such obligations of Employer. * * * * *

Guarantee of Performance. The Guarantor further unconditionally guarantees prompt, timely, and complete performance of and compliance by Borrower of all the terms and conditions contained in any of the instruments and documents, including but not limited to promissory notes, mortgages, security agreements, pledges and collateral assignments ("Loan Documents"), given in connection with the origination, extension or collection of the Indebtedness; the timely payment of all real and personal property taxes, special assessments, and premiums for insurance of every kind required under the terms of any of the Loan Documents; and generally, the performance of each and every other covenant and condition set forth and contained in the Loan Documents.