Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's death (in which event this Guaranty shall be binding upon Guarantor's estate and Guarantor's legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, reduced or paid in full shall not release, discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other Guaranteed Obligations thereafter arising) under the Note or otherwise. This Guaranty may be enforced by Lender and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation or negotiation of all or part of the Note.
Appears in 4 contracts
Sources: Guaranty, Guaranty (IMH Financial Corp), Guaranty (IMH Financial Corp)
Nature of Guaranty. This Guaranty Agreement is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty Agreement may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations Debt arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's death (in which event this Guaranty shall be binding upon Guarantor's estate and Guarantor's legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations Debt may be increased, reduced reduced, or paid in full shall not release, discharge discharge, or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower to Creditor thereafter incurred (or other Guaranteed Obligations Debt thereafter arising) under the Note Guaranteed Notes or otherwise. This Guaranty may be enforced by Lender and any subsequent holder of the Note Guaranteed Debt and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the NoteGuaranteed Debt.
Appears in 4 contracts
Sources: Unconditional Guaranty Agreement, Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of prompt payment and performance and not a guaranty of collection. The obligations of Guarantor under this Guaranty shall be primary, irrevocable, direct and not conditional or contingent upon pursuit by Agent or any Lender of any remedies it may have against Borrower under the Loan Agreement or the other Loan Documents or any remedies it might have against any other Person. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's ’s death (in which event this Guaranty shall be binding upon Guarantor's ’s estate and Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid otherwise modified in full any manner or to any extent shall not release, diminish or discharge or reduce the obligation of Guarantor to Agent and Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Lender Agent and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or any part of the Note.
Appears in 4 contracts
Sources: Guaranty of Completion (ACRES Commercial Realty Corp.), Guaranty of Recourse Obligations (ACRES Commercial Realty Corp.), Guaranty of Interest and Carry Costs (ACRES Commercial Realty Corp.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations Debt arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's death (in which event this Guaranty shall be binding upon Guarantor's estate and Guarantor's legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations Debt may be increased, reduced or paid in full shall not release, discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other Guaranteed Obligations Debt thereafter arising) under the Note or otherwise. This Guaranty may be enforced by Lender and any subsequent holder of the Note Guaranteed Debt and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the NoteGuaranteed Debt.
Appears in 4 contracts
Sources: Repayment Guaranty (Inland Real Estate Income Trust, Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.), Guaranty (Stratus Properties Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, joint and several (except as otherwise expressly provided in the proviso at the end of Section 1.2(c) hereof), continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by any Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by any Guarantor and after (if such Guarantor is a natural person) such Guarantor's ’s death (in which event this Guaranty shall be binding upon such Guarantor's ’s estate and such Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid in full shall not release, release or discharge or reduce the obligation of any Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Lender and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the Note.
Appears in 3 contracts
Sources: First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Third Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's ’s death (in which event this Guaranty shall be binding upon Guarantor's ’s estate and Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, reduced or paid in full shall not release, discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other Guaranteed Obligations thereafter arising) under the Note or otherwise. This Guaranty may be enforced by Lender and any subsequent holder of the Note Guaranteed Obligations and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the NoteGuaranteed Obligations.
Appears in 2 contracts
Sources: Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance performance, is joint and several (if there is more than one Guarantor with respect to this Guaranty, but not with respect to other guarantors of other Borrowers), and is not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's ’s death (in which event this Guaranty shall be binding upon Guarantor's ’s estate and Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid in full shall not release, release or discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Lender and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the Note.
Appears in 2 contracts
Sources: Assumption and Loan Modification Agreement (Moody National REIT I, Inc.), Guaranty (Moody National REIT I, Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and (a) shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (b) if Guarantor is a natural person) , after Guarantor's ’s death (in which event this Guaranty shall be binding upon Guarantor's ’s estate and Guarantor's ’s legal representatives and heirs) (notwithstanding the foregoing, it is acknowledged and agreed that, as of the date hereof, Guarantor is not a natural person, and such clause 1.2(b) shall not apply to Ionis or any other Guarantor who is not a natural person). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid in full shall not release, release or discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Lender and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation or negotiation of all or part of the Note.
Appears in 2 contracts
Sources: Guaranty (Ionis Pharmaceuticals Inc), Guaranty (Ionis Pharmaceuticals Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's ’s death (in which event this Guaranty shall be binding upon Guarantor's ’s estate and Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid in full shall not release, release or discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Lender and any subsequent holder of the Note successor in interest to Lender and shall not be discharged by the assignmentassignment of Lender’s interest, salerights, pledge, transfer, participation or negotiation of all or part of obligations and liabilities under the Note. Guarantor’s obligations to pay and perform the Guaranteed Obligations are limited to the Collateral (as defined in the Security Agreement).
Appears in 1 contract
Sources: Guaranty Agreement (Entrust Financial Services Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing absolute guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's ’s death (in which event this Guaranty shall be binding upon Guarantor's ’s estate and Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid in full shall not release, release or discharge or reduce the obligation of Guarantor to Lender Creditor with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Lender Creditor and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the Note. This Guaranty may also be enforced by Creditor or its successors or assigns following Creditor (or its successors or assigns) taking possession of and/or title to the property securing the Note under the Security Agreement.
Appears in 1 contract
Sources: Guaranty (Naturade Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be Guaranty of Recourse Obligations (Mezzanine ) Berkadia Loan No. ▇▇-▇▇▇▇▇▇▇ & ▇▇-▇▇▇▇▇▇▇ 117470142_6 revoked by any Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by any Guarantor and after (if such Guarantor is a natural person) such Guarantor's ’s death (in which event this Guaranty shall be binding upon such Guarantor's ’s estate and such Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid in full shall not release, release or discharge or reduce the obligation of any Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Lender and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the Note.
Appears in 1 contract
Sources: Guaranty of Recourse Obligations (Mezzanine) (American Realty Capital Hospitality Trust, Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, unconditional continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations Debt arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's ’s death (in which event this Guaranty shall be binding upon Guarantor's ’s estate and Guarantor's ’s administrator’s, executors, legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations Debt may be increased, reduced or paid in full shall not release, discharge or reduce the obligation of Guarantor to Lender Noteholder with respect to any the indebtedness or obligations of Borrower Maker thereafter incurred (or other Guaranteed Obligations Debt thereafter arising) under the Note or otherwiseotherwise for so long as the Note remains outstanding. This Guaranty may be enforced by Lender Noteholder and any subsequent holder of all or any portion of the Note Guaranteed Debt and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the NoteGuaranteed Debt.
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, a continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by any Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by such Guarantor and after (if any Guarantor is a natural person) such Guarantor's ’s death (in which event this Guaranty shall be binding upon such Guarantor's ’s estate and such Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid in full shall not release, release or discharge or reduce the obligation of any Guarantor to Lender hereunder with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Lender the Administrative Agent, Lenders and any subsequent holder of the Note Loan Agreement or the Notes and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the NoteLoan Agreement, the Notes or the Obligations.
Appears in 1 contract
Sources: Guaranty Agreement (Altitude International Holdings, Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's death (in which event this Guaranty shall be binding upon Guarantor's estate and Guarantor's legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, reduced or paid in full shall not release, discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other Guaranteed Obligations thereafter arising) under the Note or otherwise. This Guaranty may be enforced by Lender and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation or negotiation of all or part of the Note.. GUARANTY (REPAYMENT) – Page 2 667163; Miami-Dade County, Florida
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. The obligations of Guarantor under this Guaranty shall be unlimited in amount and primary (provided that such obligations shall not exceed the amount of the Guaranteed Obligations together with any other amounts specifically recoverable hereunder), irrevocable, direct and immediate and not conditional or contingent upon pursuit by Lender or Agent of any remedies it may have against Borrower under the Loan Agreement or the other Loan Documents or any remedies it might have against any other Person. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's death (in which event this Guaranty shall be binding upon Guarantor's estate and Guarantor's legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid otherwise modified in full any manner or to any extent shall not release, diminish or discharge or reduce the obligation of Guarantor to Lender and Agent with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Agent (on behalf of Lender and any subsequent holder of the Note Note) and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or any part of the NoteLoan.
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's ’s death (in which event this Guaranty shall be binding upon Guarantor's ’s estate and Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, reduced or paid in full shall not release, discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other Guaranteed Obligations thereafter arising) under the Note or otherwise. This Guaranty may be enforced by Lender ▇▇▇▇▇▇ and any subsequent holder of the Note Guaranteed Obligations and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the NoteGuaranteed Obligations.
Appears in 1 contract
Sources: Guaranty (Stratus Properties Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's death (in which event this Guaranty shall be binding upon Guarantor's estate and Guarantor's legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, reduced or paid in full shall not release, discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other Guaranteed Obligations thereafter arising) under the Note or otherwise. This Guaranty may be enforced by Lender and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation or negotiation of all or part of the Note.
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's death (in which event this Guaranty shall be binding upon Guarantor's estate and Guarantor's legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, reduced or paid in full shall not release, discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other Guaranteed Obligations thereafter arising) under the Note or otherwise. This Guaranty may be enforced by Lender and any subsequent holder of the Note Guaranteed Obligations and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the NoteGuaranteed Obligations.
Appears in 1 contract
Sources: Guaranty (Stratus Properties Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's ’s death (in which event this Guaranty shall be binding upon Guarantor's ’s estate and Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid in full shall not release, release or discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Lender and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the Note. Notwithstanding anything contained herein to the contrary, this Guaranty shall terminate and Guarantor shall be released from its obligations hereunder upon the payment in full of the Indebtedness, whether at maturity or as a result of acceleration, or upon prepayment of the Loan in accordance with the Loan Agreement.
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations Debt arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's death (in which event this Guaranty shall be binding upon Guarantor's estate and Guarantor's legal representatives and heirs). The Subject to Section 1.1, the fact that at any time or from time to time the Guaranteed Obligations Debt may be increased, reduced or paid in full shall not release, discharge or reduce the obligation of Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other Guaranteed Obligations Debt thereafter arising) under the Note or otherwise. This Guaranty may be enforced by Lender Administrative Agent and any subsequent holder of the Note Guaranteed Debt and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or part of the NoteGuaranteed Debt.
Appears in 1 contract
Sources: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)
Nature of Guaranty. (a) This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by a Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by a Guarantor and after (if Guarantor is a natural person) Guarantor's ’s death (in which event this Guaranty shall be binding upon such Guarantor's ’s estate and such Guarantor's ’s legal representatives and heirs). The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid in full shall not release, release or discharge or reduce the obligation of a Guarantor to Lender with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Lender and any subsequent holder of the Note and shall not be discharged by the assignment, sale, pledge, transfer, participation or negotiation of all or part of the Note.
(b) Notwithstanding anything set forth herein or in any other Loan Document to the contrary, in the event a Guarantor does not fulfill its obligations under this Guaranty, Lender's remedies against such Guarantor are limited solely to those set forth in the Pledge Agreement.
Appears in 1 contract
Sources: Non Recourse Guaranty (Net Element International, Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. The obligations of Guarantor under this Guaranty shall be unlimited in amount and primary, irrevocable, direct and immediate and not conditional or contingent upon pursuit by Lender or Agent of any remedies it may have against Borrower under the Loan Agreement or the other Loan Documents or any remedies it might have against any other Person. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor's death (in which event this Guaranty ; provided, however, that such obligations shall be binding upon Guarantor's estate and Guarantor's legal representatives and heirs)not exceed the amount of the Guaranteed Obligations together with other amounts specifically recoverable hereunder. The fact that at any time or from time to time the Guaranteed Obligations may be increased, increased or reduced or paid otherwise modified in full any manner or to any extent shall not release, diminish or discharge or reduce the obligation of Guarantor to Lender and Agent with respect to any indebtedness or obligations of Borrower thereafter incurred (or other the Guaranteed Obligations thereafter arising) under the Note or otherwiseObligations. This Guaranty may be enforced by Agent (on behalf of Lender and any subsequent holder of the Note Note) and shall not be discharged by the assignment, sale, pledge, transfer, participation assignment or negotiation of all or any part of the NoteLoan.
Appears in 1 contract
Sources: Non Recourse Carve Out Guaranty Agreement (Allegiant Travel CO)