Common use of Obligations Absolute and Unconditional Clause in Contracts

Obligations Absolute and Unconditional. The obligations of the Parent Guarantor under this Section 23 shall be a complete, present and continuing guaranty of payment and performance and not of collection. The Parent Guarantor agrees that its obligations hereunder shall be joint and several with any and all other guarantees given in connection with this Agreement and the Notes from time to time. The Parent Guarantor agrees that the guaranty in this Section 23 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, including, but not limited to any Subsidiary Guaranty, and the Parent Guarantor hereby waives the right to require the any holder to join the Company in any action brought under this Agreement or to commence any action Terreno Realty LLC Note Purchase Agreement against or obtain any judgment against the Company or to pursue any other remedy or enforce any other right. The Parent Guarantor further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note, this Agreement or any Subsidiary Guaranty, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of the Parent Guarantor’s obligations under this Section 23, it being the purpose and intent of the Parent Guarantor that the obligations of such Parent Guarantor hereunder shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. Neither the Parent Guarantor’s obligations under this Section 23 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the Company under a Note, this Agreement or any Subsidiary Guaranty or by reason of the Company’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the Company. This guaranty shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note, this Agreement or any Subsidiary Guaranty is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of the Parent Guarantor pursuant to the preceding sentence shall survive any termination, cancellation, or release of this guaranty.

Obligations Absolute and Unconditional. The obligations of the Parent Guarantor under this Section 23 shall be a complete, present and continuing guaranty of payment and performance and not of collection. The Parent Guarantor agrees that its obligations hereunder shall be joint and several with any and all other guarantees given in connection with this Agreement and the Notes from time to time. The Parent Guarantor agrees that the guaranty in this Section 23 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, including, but not limited to any Subsidiary Guaranty, and the Parent Guarantor hereby waives the right to require the any holder to join the Company in any action brought under this Agreement or to commence any action Terreno Realty LLC Note Purchase Agreement against or obtain any judgment against the Company or to pursue any other remedy or enforce Terreno Realty LLC Agreement Note Purchase any other right. The Parent Guarantor further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note, this Agreement or any Subsidiary Guaranty, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of the Parent Guarantor’s obligations under this Section 23, it being the purpose and intent of the Parent Guarantor that the obligations of such Parent Guarantor hereunder shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. Neither the Parent Guarantor’s obligations under this Section 23 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the Company under a Note, this Agreement or any Subsidiary Guaranty or by reason of the Company’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the Company. This guaranty shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note, this Agreement or any Subsidiary Guaranty is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of the Parent Guarantor pursuant to the preceding sentence shall survive any termination, cancellation, or release of this guaranty.

Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Parent Guarantor Company and each US Obligor Affiliate under this Section 23 24 shall be a complete, present and continuing guaranty joint and several obligation of payment and performance and not just of collection. The Parent Guarantor Holdings, the Company and each US Obligor Affiliate agrees that its obligations hereunder under this Section 24 shall be joint and several with any and all any other guarantees Guarantees given in connection with this Agreement and the Notes from time to time. The Parent Guarantor Holdings, the Company and each US Obligor Affiliate agrees that the guaranty US Obligor Affiliate Obligations in this Section 23 24 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, includingand Holdings, but not limited to any Subsidiary Guaranty, the Company and the Parent Guarantor each US Obligor Affiliate hereby waives the right to require the any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action Terreno Realty LLC Note Purchase Agreement against or obtain any judgment against the Company Issuers or to pursue any other remedy or enforce any other right. The Parent Guarantor Holdings, the Company and each US Obligor Affiliate further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note, Note or this Agreement or any Subsidiary GuarantyAgreement, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Parent GuarantorCompany’s or such US Obligor Affiliate’s obligations under this Section 2324, it being the purpose and intent of Holdings, the Parent Guarantor Company and each US Obligor Affiliate that the obligations of such Parent Guarantor hereunder Holdings, the Company and each US Obligor Affiliate under this Section 24 shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. Neither None of Holdings’s, the Parent GuarantorCompany’s or US Obligor Affiliates’ obligations under this Section 23 24 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the Company Issuers under a Note, Note or this Agreement or any Subsidiary Guaranty or by reason of the Companyany Issuer’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the Companyany Issuer. This guaranty joint and several obligation shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a NoteNote or this Agreement is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. (b) The obligations of the EUR Issuer and each Foreign Obligor Affiliate under this Section 24 shall be a complete, present and continuing joint and several obligation of payment and performance and not just of collection. The EUR Issuer and each Foreign Obligor Affiliate agrees that its obligations under this Section 24 shall be joint and several with any and any other Lineage Logistics, LLC Note Purchase Agreement Guarantees given in connection with this Agreement with respect to the Foreign Obligor Affiliate Obligations and the Foreign Currency Notes from time to time. The EUR Issuer and each Foreign Obligor Affiliate agrees that the Foreign Obligor Affiliate Obligations in this Section 24 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any Subsidiary Guaranty other guaranties, and the EUR Issuer and each Foreign Obligor Affiliate hereby waives the right to require any holder to join the EUR Issuer or any Foreign Obligor Affiliate in any action brought under this Agreement or the Foreign Currency Notes or to commence any action against or obtain any judgment against the EUR Issuer or to pursue any other remedy or enforce any other right. The EUR Issuer and each Foreign Obligor Affiliate further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Foreign Currency Note or this Agreement (with respect to the Foreign Obligor Affiliate Obligations), and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of the EUR Issuer’s or such Foreign Obligor Affiliate’s obligations under this Section 24, it being the purpose and intent of the EUR Issuer and each Foreign Obligor Affiliate that the obligations of the EUR Issuer and each Foreign Obligor Affiliate under this Section 24 shall be absolute, independent and unconditional under any and all circumstances whatsoever. None of the EUR Issuer’s or Foreign Obligor Affiliates’ obligations under this Section 24 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer under a Foreign Currency Note or this Agreement (with respect to the Foreign Obligor Affiliate Obligations) or by reason of the EUR Issuer’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR Issuer. This joint and several obligation shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Foreign Currency Note or this Agreement (with respect to the Foreign Obligor Affiliate Obligations) is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of the Parent Guarantor EUR Issuer and each Foreign Obligor Affiliate pursuant to the preceding sentence shall survive any termination, cancellation, or release of this guarantythese Foreign Obligor Affiliate Obligations.

Obligations Absolute and Unconditional. (a) The obligations of Holdings, the Parent Guarantor Company and each US Obligor Affiliate under this Section 23 24 shall be a complete, present and continuing guaranty joint and several obligation of payment and performance and not just of collection. The Parent Guarantor Holdings, the Company and each US Obligor Affiliate agrees that its obligations hereunder under this Section 24 shall be joint and several with any and all any other guarantees Guarantees given in connection with this Agreement and the Notes from time to time. The Parent Guarantor Holdings, the Company and each US Obligor Affiliate agrees that the guaranty US Obligor Affiliate Obligations in this Section 23 24 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, includingand Holdings, but not limited to any Subsidiary Guaranty, the Company and the Parent Guarantor each US Obligor Affiliate hereby waives the right to require the any holder to join Holdings, the Company or any US Obligor Affiliate in any action brought under this Agreement or the Notes or to commence any action Terreno Realty LLC Note Purchase Agreement against or obtain any judgment against the Company EUR Issuer or to pursue any other remedy or enforce any other right. The Parent Guarantor Holdings, the Company and each US Obligor Affiliate further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note, Note or this Agreement or any Subsidiary GuarantyAgreement, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of Holdings’s, the Parent GuarantorCompany’s or such US Obligor Affiliate’s obligations under Lineage Logistics Note Purchase Agreement this Section 2324, it being the purpose and intent of Holdings, the Parent Guarantor Company and each US Obligor Affiliate that the obligations of such Parent Guarantor hereunder Holdings, the Company and each US Obligor Affiliate under this Section 24 shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. Neither None of Holdings’s, the Parent GuarantorCompany’s or US Obligor Affiliates’ obligations under this Section 23 24 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the Company EUR Issuer under a Note, Note or this Agreement or any Subsidiary Guaranty or by reason of the CompanyEUR Issuer’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the CompanyEUR Issuer. This guaranty joint and several obligation shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a NoteNote or this Agreement is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of Holdings pursuant to the preceding sentence shall survive any termination, cancellation, or release of these US Obligor Affiliate Obligations. (b) The obligations of the EUR Issuer and each Foreign Obligor Affiliate under this Section 24 shall be a complete, present and continuing joint and several obligation of payment and performance and not just of collection. The EUR Issuer and each Foreign Obligor Affiliate agrees that its obligations under this Section 24 shall be joint and several with any and any other Guarantees given in connection with this Agreement with respect to the Foreign Obligor Affiliate Obligations and the Foreign Currency Notes from time to time. The EUR Issuer and each Foreign Obligor Affiliate agrees that the Foreign Obligor Affiliate Obligations in this Section 24 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any Subsidiary Guaranty other guaranties, and the EUR Issuer and each Foreign Obligor Affiliate hereby waives the right to require any holder to join the EUR Issuer or any Foreign Obligor Affiliate in any action brought under this Agreement or the Foreign Currency Notes or to commence any action against or obtain any judgment against the EUR Issuer or to pursue any other remedy or enforce any other right. The EUR Issuer and each Foreign Obligor Affiliate further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Foreign Currency Note or this Agreement (with respect to the Foreign Obligor Affiliate Obligations), and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of the EUR Issuer’s or such Foreign Obligor Affiliate’s obligations under this Section 24, it being the purpose and intent of the EUR Issuer and each Foreign Obligor Affiliate that the obligations of the EUR Issuer and each Foreign Obligor Affiliate under this Section 24 shall be absolute, independent and unconditional under any and all circumstances whatsoever. None of the EUR Issuer’s or Foreign Obligor Affiliates’ obligations under this Section 24 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the EUR Issuer under a Foreign Currency Note or this Agreement Lineage Logistics Note Purchase Agreement (with respect to the Foreign Obligor Affiliate Obligations) or by reason of the EUR Issuer’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the EUR Issuer. This joint and several obligation shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Foreign Currency Note or this Agreement (with respect to the Foreign Obligor Affiliate Obligations) is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of the Parent Guarantor EUR Issuer and each Foreign Obligor Affiliate pursuant to the preceding sentence shall survive any termination, cancellation, or release of this guarantythese Foreign Obligor Affiliate Obligations.

Obligations Absolute and Unconditional. The obligations of the Parent Guarantor under this Section 23 shall be a complete, present and continuing guaranty of payment and performance and not of collection. The Parent Guarantor agrees that its obligations hereunder shall be joint and several with any and all other guarantees given in connection with this Agreement and the Notes from time to time. The Parent Guarantor agrees that the guaranty in this Section 23 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, including, but not limited to any Subsidiary Guaranty, and the Parent Guarantor hereby waives the right to require the any holder to join the Company in any action brought under this Agreement or to commence any action Terreno Realty LLC Note Purchase Agreement against or obtain any judgment against the Company or to pursue any other remedy or enforce any other right. The Parent Guarantor further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law Law and/or in equity or under a Note, this Agreement or any Subsidiary Guaranty, and the exercise of any of their rights or the completion of any of their remedies shall not constitute a discharge of any of the Parent Guarantor’s obligations under this Section 23, it being the purpose and intent of the Parent Guarantor that the obligations of such Parent Guarantor hereunder shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. Neither the Parent Guarantor’s obligations under this Section 23 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the Company under a Note, this Agreement or any Subsidiary Guaranty or by reason of the Company’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the Company. This guaranty shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note, this Agreement or any Subsidiary Guaranty is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of the Parent Guarantor pursuant to the preceding sentence shall survive any termination, cancellation, or release of this guaranty.

Obligations Absolute and Unconditional. The obligations of the Parent Guarantor under this Section 23 shall be a complete, present and continuing guaranty of payment and performance and not of collection. The Parent Guarantor agrees that its obligations hereunder shall be joint and several with any and all other guarantees given in connection with this Agreement and the Notes from time to time. The Parent Guarantor agrees that the guaranty in this Section 23 may be enforced by the holders without the necessity at any time of resorting to or exhausting any security or collateral, if any, given in connection herewith or with a Note or this Agreement or by or resorting to any other guaranties, including, but not limited to any Subsidiary Guaranty, and the Parent Guarantor hereby waives the right to require the any holder to join the Company in any action brought under this Agreement or to commence any action Terreno Realty LLC Note Purchase Agreement against or obtain any judgment against the Company or to pursue any other remedy or enforce any other right. The Parent Guarantor further agrees that nothing contained herein or otherwise shall prevent any holder from pursuing concurrently or successively all rights and remedies available to them at law and/or in equity or under a Note, this Agreement or any Subsidiary Guaranty, and the exercise of any of their rights or the completion of any of their remedies shall Terreno Realty LLC Agreement Note Purchase not constitute a discharge of any of the Parent Guarantor’s obligations under this Section 23, it being the purpose and intent of the Parent Guarantor that the obligations of such Parent Guarantor hereunder shall be primary, absolute, independent and unconditional under any and all circumstances whatsoever. Neither the Parent Guarantor’s obligations under this Section 23 nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the Company under a Note, this Agreement or any Subsidiary Guaranty or by reason of the Company’s bankruptcy or by reason of any creditor or bankruptcy proceeding instituted by or against the Company. This guaranty shall continue to be effective and be deemed to have continued in existence or be reinstated (as the case may be) if at any time payment of all or any part of any sum payable pursuant to a Note, this Agreement or any Subsidiary Guaranty is rescinded or otherwise required to be returned by the payee upon the insolvency, bankruptcy, or reorganization of the payor, all as though such payment to such holder had not been made, regardless of whether such holder contested the order requiring the return of such payment. The obligations of the Parent Guarantor pursuant to the preceding sentence shall survive any termination, cancellation, or release of this guaranty.