Common use of Primary Liability of the Guarantor Clause in Contracts

Primary Liability of the Guarantor. The Guarantor agrees that this Guaranty may be enforced by Lender without the necessity at any time of resorting to or exhausting any other security or collateral. This is a guaranty of payment and not merely of collection. Lender shall have the right, in its sole judgment and discretion, from time to time, to make demand for payment or performance and to proceed against the Guarantor for recovery of the total of any and all amounts due to Lender pursuant to this Guaranty, or to proceed from time to time against the Guarantor for such portion of any and all such amounts as Lender may determine.

Appears in 2 contracts

Sources: Construction Loan Agreement (Fuelcell Energy Inc), Guaranty Agreement (Fuelcell Energy Inc)