Common use of OBLIGATION OF GUARANTOR Clause in Contracts

OBLIGATION OF GUARANTOR. The Guarantor absolutely and unconditionally guarantees to the Lenders, their successors and assigns (whether collateral assigns or otherwise), the prompt and full payment in United States currency and performance to the Lenders at the place of business of the Lenders set forth above or at such other place and to such other person as the Lenders may designate at maturity of any and every obligation, in connection with which either as maker, drawer, guarantor, endorser or otherwise, whether directly, indirectly or contingently, the Borrower is, either individually or jointly and severally with any other person or persons, nor or shall become at any time in the future liable to the Lenders, with interest thereon at the rate or rates provided in the obligations guaranteed hereby or at the maximum rate allowed from time to time by law in Florida, whichever is less, until payment in full has been received by Lenders, together with all attorneys' fees, costs and expenses of collection whether suit be brought or not, including costs, expenses and attorneys' fees on appeal if an appeal is taken from any suit, incurred by the Lenders, in connection with any matter covered by this Guaranty. The Guarantor also absolutely and unconditionally guarantees the full and timely performance of all duties and obligations whatsoever of the Borrower to Lenders, whether now existing or hereafter arising, and agrees in the event the Borrower fails to fully and timely perform any of said duties and obligations to fully and timely perform same.

Appears in 1 contract

Sources: Credit Facility Agreement (Dycom Industries Inc)

OBLIGATION OF GUARANTOR. The Guarantor absolutely and unconditionally guarantees to the Lenders, their successors and assigns (whether collateral assigns or otherwise), the prompt and full payment in United States currency and performance to the Lenders at the place of business of the Lenders set forth above or at such other place and to such other person as the Lenders may designate at maturity of any and every obligation, in connection with which either as maker, drawer, guarantor, endorser or otherwise, whether directly, indirectly or contingently, the Borrower is, either individually or jointly and severally with any other person or persons, nor or shall become at any time in the future liable to the Lenders, with interest thereon at the rate or rates provided in the obligations guaranteed hereby or at the maximum rate allowed from time to time by law in Florida, whichever is less, until payment in full has been received by Lenders, together with all attorneys' fees, costs and 41 expenses of collection whether suit be brought or not, including costs, expenses and attorneys' fees on appeal if an appeal is taken from any suit, incurred by the Lenders, in connection with any matter covered by this Guaranty. The Guarantor also absolutely and unconditionally guarantees the full and timely performance of all duties and obligations whatsoever of the Borrower to Lenders, whether now existing or hereafter arising, and agrees in the event the Borrower fails to fully and timely perform any of said duties and obligations to fully and timely perform same.

Appears in 1 contract

Sources: Credit Facility Agreement (Dycom Industries Inc)

OBLIGATION OF GUARANTOR. The Guarantor absolutely and unconditionally guarantees to the LendersCreditor, their its successors and assigns (whether collateral assigns or otherwise), the prompt and full payment in United States currency and performance to the Lenders Creditor at the place of business of the Lenders Creditor set forth above or at such other place and to such other person as the Lenders Creditor may designate at maturity of any and every obligation, in connection with which either as maker, drawer, guarantor, endorser or otherwise, whether directly, indirectly or contingently, the Borrower is, either individually or jointly and or severally with any other person or persons, nor now or shall become at any time in the future liable to the LendersCreditor, with interest thereon at the rate or rates provided in the obligations guaranteed hereby or at the maximum rate allowed from time to time by law in Florida, whichever is less, until payment in full has been received by LendersCreditor, together with all attorneys' fees, costs and expenses of collection whether suit be brought or not, including costs, expenses and attorneys' , fees on appeal if an appeal is taken from any suit, incurred by the LendersCreditor, in connection with any matter covered by this Guaranty. The Guarantor also absolutely and unconditionally guarantees the full and timely performance of all duties and obligations whatsoever of the Borrower to LendersCreditor, whether now existing or hereafter arising, and agrees in the event the Borrower fails to fully and timely perform any of said duties and obligations to fully and timely perform same. The obligations under this paragraph include, but are not limited to, the three (3) specific obligations set forth above which include the two (2) promissory Notes, one to each of the Creditor as well as what is referred to as the "Open Account Indebtedness" which is the obligation for the purchase of Automotive Parts Stores, Inc. from time to time by the Borrower from one or more of the Creditor.

Appears in 1 contract

Sources: Guaranty Agreement (Automotive One Parts Stores Inc)