Common use of Guaranty and Suretyship Clause in Contracts

Guaranty and Suretyship. The Guarantors jointly and severally ----------------------- hereby absolutely, unconditionally and irrevocably guarantee and become surety, as though each Guarantor was a primary obligor, for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against any Borrower or any other Person or any other event or circumstance. The obligations of the Guarantors under this Agreement are direct and primary obligations of each Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any one or more of the Guarantors regardless of whether action is brought against any Borrower, any other Guarantor or any other Person or whether any Borrower, any other Guarantor or any other Person is joined in any such action or actions.

Appears in 2 contracts

Sources: Credit Agreement (Internet Capital Group Inc), Credit Agreement (Internet Capital Group Inc)

Guaranty and Suretyship. The Guarantors jointly and severally ----------------------- hereby absolutely, unconditionally and irrevocably guarantee and become surety, as though each Guarantor was a primary obligor, surety for the full and punctual payment and performance of the Guaranteed Obligations as and when such payment or performance shall become due (at scheduled maturity, by acceleration or otherwise) in accordance with the terms of the Loan Documents. This Agreement is an agreement of suretyship as well as of guaranty, is a guarantee of payment and performance and not merely of collectibility, and is in no way conditioned upon any attempt to collect from or proceed against any the Borrower or any other Person or any other event or circumstance. The obligations of the Guarantors under this Agreement are direct and primary obligations of each Guarantor and are independent of the Guaranteed Obligations, and a separate action or actions may be brought against any one or more of the Guarantors regardless of whether action is brought against any the Borrower, any other Guarantor or any other Person or whether any the Borrower, any other Guarantor or any other Person is joined in any such action or actions.

Appears in 1 contract

Sources: Guaranty and Suretyship Agreement (Mariner Post Acute Network Inc)