RE: DIGITAL LINK II, LLC ("Obligor") For valuable consideration, the receipt of which is hereby acknowledged, and to induce Secured Party to enter into and or accept an assignment of one or more equipment lease agreements, promissory notes, security agreements, installment sale agreementsEquipment Lease Agreement |
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Guaranty
For valuable consideration, the receipt of which is hereby acknowledged, and to induce Secured Party to enter into and or accept an assignment of one or more equipment lease agreements, promissory notes, security agreements, installment sale agreements or other documents with Obligor as an obligor thereon (hereinafter collectively referred to as the "Obligations"), the undersigned Guarantor, and each of them if more than one, hereby agree as follows: 1. Guarantor does hereby acknowledge that it is fully aware of the terms and conditions of the Obligations and does hereby severally, irrevocably and unconditionally guaranty, as primary obligor and not as surety, without offset or deduction the full and prompt performance by Obligor of all Obligations which Obligor presently or hereafter may have to Secured Party and payment when due of all sums presently or hereafter owing by Obligor to Secured Party, whether arising by sale, note, lease or otherwise. Guarantor does hereby agree that in the event that Obligor fails to perform any Obligation for any reason, Guarantor will perform or otherwise provide for and bring about promptly when due the performance for each such Obligation. This Guaranty of the Obligations shall constitute a guaranty of payment and performance and not of collection. Guarantor specifically agrees that it shall not be necessary or required, and that Guarantor shall not be entitled to require, that Secured Party (a) file suit or proceed to obtain or assert a claim for personal judgment against Obligor or any other person for any Obligation, (b) make any effort at collection or other enforcement of any Obligation from or against Obligor or any other person, (c) foreclose against or seek to realize upon any security now or hereafter existing for any Obligation or upon any balance of any advance rentals or credit on the books of Secured Party or any other person in favor of Obligor or any other person, (d) exercise or assert any other right or remedy to which Secured Party is or may be entitled in connection with any Obligation or any security or other guaranty therefore, or (e) assert or file any claim against the assets of Obligor or any other guarantor or other person liable for any Obligation, or any part thereof, before or as a condition of enforcing the liability of Guarantor under this Guaranty or requiring payment or performance of any Obligation by Guarantor hereunder, or at any time thereafter. 2. Guarantor waives notice of the acceptance of thi |
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