Common use of Accession to Guaranty Clause in Contracts

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20, 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. of the Guaranty; and

Appears in 4 contracts

Samples: Term Loan Agreement (RLJ Lodging Trust), Term Loan Agreement (RLJ Lodging Trust), Term Loan Agreement (RLJ Lodging Trust)

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Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty the Guaranty, dated as of November 20March 31, 2012 2015 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 3 contracts

Samples: Loan Agreement (Spirit Realty Capital, Inc.), Guaranty (Spirit Realty Capital, Inc.), Credit Agreement (Spirit Realty Capital, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20October 16, 2012 2013 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 3 contracts

Samples: Term Loan Agreement (First Potomac Realty Trust), Guaranty (First Potomac Realty Trust), Guaranty (First Potomac Realty Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20May 24, 2012 2013 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Term Loan Agreement (Broadstone Net Lease Inc), Guaranty (Broadstone Net Lease Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20June 12, 2012 2013 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Term Loan Agreement (Parkway Properties Inc), Guaranty (Parkway Properties Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 203, 2012 2009 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), ) made by each of the Guarantors “Guarantors” party thereto in favor of the Administrative Agent, Agent for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement (National Retail Properties, Inc.), Credit Agreement (National Retail Properties, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Amended and Restated Guaranty dated as of November 20, 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Guaranty (RLJ Lodging Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20October 2, 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement (Broadstone Net Lease Inc), Guaranty (Broadstone Net Lease Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty the Guaranty, dated as of November 20January 14, 2012 2019 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Guaranty (Spirit Realty, L.P.), Guaranty (Spirit Realty, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20May 25, 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), ) made by each of the Guarantors “Guarantors” party thereto in favor of the Administrative Agent, Agent for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (National Retail Properties, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty the Guaranty, dated as of November 20September 27, 2012 2018 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Guaranty (United Dominion Realty L P), Credit Agreement (United Dominion Realty L P)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20, 2012 201 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Term Loan Agreement (Senior Housing Properties Trust), Term Loan Agreement (Senior Housing Properties Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November ___________, 20, 2012 __ (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Washington Real Estate Investment Trust), Credit Agreement (STORE CAPITAL Corp)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November October 20, 2012 2015 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Guaranty (United Dominion Realty L P), Credit Agreement (United Dominion Realty L P)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20July 1, 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Guaranty (Equity Lifestyle Properties Inc), Term Loan Agreement (Equity Lifestyle Properties Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20October 1, 2012 2007 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit the Lenders and the benefit of the other Guarantied Parties, Swingline Lender and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders and the other Guarantied Parties Swingline Lender as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement (Corporate Office Properties Trust), Credit Agreement (Corporate Office Properties Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20, 2012 20 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor herebyhereby subject to the terms and conditions of the Guaranty: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Equity Commonwealth), Credit Agreement (Equity Commonwealth)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Amended and Restated Guaranty dated as of November 20February 12, 2012 2013 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement (Lexington Realty Trust), Term Loan Agreement (Lexington Realty Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20, 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Healthcare Trust of America Holdings, LP), Credit Agreement (Hudson Pacific Properties, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20, 2012 20 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Government Properties Income Trust), Credit Agreement (Washington Real Estate Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Second Amended and Restated Guaranty dated as of November 20, 2012 2016 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20May 21, 2012 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), ) made by each of the Guarantors party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty as to itself as a Guarantor and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement (Saul Centers Inc), Guaranty (Saul Centers Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Third Amended and Restated Guaranty dated as of November 20July , 2012 2014 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit the Lenders, the Issuing Lender and the benefit of the other Guarantied Parties, Swingline Lender and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders, the Issuing Lender and the other Guarantied Parties Swingline Lender as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Kite Realty Group Trust), Guaranty (Kite Realty Group Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20, 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Term Loan Agreement (RLJ Lodging Trust), Guaranty (RLJ Lodging Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20March 12, 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement (Select Income REIT), Term Loan Agreement (Hospitality Properties Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November June 20, 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Guaranty (RLJ Lodging Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Third Amended and Restated Guaranty dated as of November 20____________, 2012 2019 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20, 2012 20 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. of the Guaranty; and

Appears in 2 contracts

Samples: Delayed Draw Term Loan Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Facility Guaranty dated as of November 20September 28, 2012 2018 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors Parent and each Subsidiary of the Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty), subject to the provisions of Section 14 of the Guaranty; (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20August 11, 2012 2020 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties with respect to or in any way relating to itself contained in Section 56. of the Guaranty and agrees to be bound by each of the covenants contained in Section 67. of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Amended and Restated Guaranty dated as of November 20June 30, 2012 2015 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 2 contracts

Samples: Guaranty (Tier Reit Inc), Credit Agreement (Tier Reit Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20July 28, 2012 2006 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit the Lenders and the benefit of the other Guarantied Parties, Swingline Lender and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders and the other Guarantied Parties Swingline Lender as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty with respect to itself and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 2 contracts

Samples: Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Facility Guaranty dated as of November 2022, 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors Parent and each Subsidiary of the Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty), subject to the provisions of Section 14 of the Guaranty; (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is is, effective as of the date hereof, a “Guarantor” under that certain Subsidiary Guaranty dated as of November 20December __, 2012 2015 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty (and as set forth in the Credit Agreement, as referenced in such Section 5) and agrees to be bound by each of the covenants contained in Section 6. 6 of the GuarantyGuaranty (and as set forth in the Credit Agreement, as referenced in such Section 6); and

Appears in 1 contract

Samples: Subsidiary Guaranty (First Potomac Realty Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20January 13, 2012 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Term Loan Agreement (Lexington Realty Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20July [_______], 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary and other Affiliate of the Guarantors Borrowers party thereto in favor of the Administrative Agent, for its benefit the Issuing Bank and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Issuing Bank and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Morgans Hotel Group Co.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Second Amended and Restated Guaranty dated as of November 20January 18, 2012 2018 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Guaranty (Tier Reit Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20, 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Term Loan Agreement (Kite Realty Group, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20December 9, 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (CubeSmart, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty the Guaranty, dated as of November 20March 31, 2012 2015 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the GuarantyCredit Agreement); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty the Guaranty, dated as of November 20March 13, 2012 2018 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the GuarantyCredit Agreement); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Amended and Restated Guaranty dated as of November 20September 7, 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Lp)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20, 2012 20 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower that is required under Section 7.13.(a) of the Credit Agreement to be a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty the Guaranty, dated as of November 203, 2012 2015 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Term Loan Agreement (Spirit Realty Capital, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November _________, 20, 2012 ___ (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each subsidiary of the Guarantors Borrower that is required under Section 7.13.(a) of the Credit Agreement to be a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20June , 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Term Loan Agreement (U-Store-It Trust)

Accession to Guaranty. The New Guarantor Subsidiary hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20January [ ], 2012 2007 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor Subsidiary had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor Subsidiary hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Guaranteed Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Interim Loan Agreement (Hospitality Properties Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20, 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Borrower athe Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. of the Guaranty; and

Appears in 1 contract

Samples: Term Loan Agreement (RLJ Lodging Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November ___________, 20, 2012 __ (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty);; LEGAL02/38898269v3 (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Term Loan Agreement (Washington Real Estate Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Facility Guaranty dated as of November 20June 18, 2012 2015 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors Parent and each Subsidiary of the Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty), subject to the provisions of Section 14 of the Guaranty; (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20[ ], 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Closing Agreement (Select Income REIT)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20, 2012 20 (as amended, restated, supplemented, restated amended and restated, or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of and accepted by the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Bridge Loan Agreement (Select Income REIT)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty the Guaranty, dated as of November 20September 23, 2012 2014 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20September 29, 2012 2005 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Sl Green Realty Corp)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20June 26, 2012 2015 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Guaranty (Parkway Properties Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20_______ __, 2012 ___ (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty);; 109306584\V-7 (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Term Loan Agreement (Kite Realty Group, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20March 6, 2012 2020 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Term Loan Agreement (Corporate Office Properties, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Third Amended and Restated Guaranty dated as of November 20February 9, 2012 2021 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Lp)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20July [_____], 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary and other Affiliate of the Guarantors Borrowers party thereto in favor of the Administrative Agent, for its benefit the Issuing Bank and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Issuing Bank and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Guaranty (Morgans Hotel Group Co.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20January 28, 2012 2022 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto Parent Guarantor in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby:: DB1/ 127146633.1 (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Guaranty (Broadstone Net Lease, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20[ ], 2012 2018 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Select Income Reit)

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Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 209, 2012 2007 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty with respect to itself and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Federal Realty Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty the Subsidiary Guaranty, dated as of November 20, 2012 20 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Note Purchase Agreement (Hudson Pacific Properties, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20, 2012 20 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Guaranteed Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Guaranteed Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Guaranteed Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Sl Green Operating Partnership, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20June 24, 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Senior Housing Properties Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Amended and Restated Guaranty dated as of November 20August 6, 2012 2010 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Lenders and Issuing Bank and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders and the other Guarantied Parties Issuing Bank as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Amended and Restated Guaranty dated as of November 20March 11, 2012 2010 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. of the Guaranty; and

Appears in 1 contract

Samples: Guaranty (Pennsylvania Real Estate Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20February __, 2012 2007 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Parent and Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit the Lenders and the benefit of the other Guarantied Parties, Swingline Lender and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders and the other Guarantied Parties Swingline Lender as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Kite Realty Group Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Fourth Amended and Restated Guaranty dated as of November 20May 10, 2012 2023 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Credit Agreement (RLJ Lodging Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20October 6, 2012 2016 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Guaranty (Parkway, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20[______________], 2012 2015 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Lepercq Corporate Income Fund L P)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20April 26, 2012 2017 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Term Loan Agreement (DiamondRock Hospitality Co)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November ____________, 20, 2012 __ (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Term Loan Agreement (Senior Housing Properties Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November [______________], 20, 2012 __ (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (LXP Industrial Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20October 6, 2012 2006 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary and other Affiliate of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Morgans Hotel Group Co.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty the Guaranty, dated as of November 2017, 2012 2015 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the GuarantyCredit Agreement); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Hudson Pacific Properties, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20January 5, 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors each Guarantor a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Bre Properties Inc /Md/)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Amended and Restated Guaranty dated as of November 20May 19, 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Equity Lifestyle Properties Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20May 25, 2012 2005 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit the Lenders and the benefit of the other Guarantied Parties, Swingline Lender and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders and the other Guarantied Parties Swingline Lender as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (United Dominion Realty Trust Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Amended and Restated Guaranty dated as of November 20June 19, 2012 2019 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (CubeSmart, L.P.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20August 1, 2012 2022 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto Parent Guarantor in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Guaranty (Broadstone Net Lease, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty the Guaranty, dated as of November 20August 22, 2012 2022 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Guaranty (Spirit Realty Capital, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20August 9, 2012 2010 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (CommonWealth REIT)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Seven-Year Term Loan Guaranty dated as of November 20January 8, 2012 2014 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty);; LEGAL02/34599940v1 1 (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties with respect to or in any way relating to itself contained in Section 5. of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. of the Guaranty; and

Appears in 1 contract

Samples: Seven Year Term Loan Guaranty (Pennsylvania Real Estate Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20July 7, 2012 2011 (as amended, restated, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each of the Guarantors party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Federal Realty Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20August 2, 2012 2019 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto Parent Guarantor in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Guaranty (Broadstone Net Lease, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20February 27, 2012 2019 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto Parent Guarantor in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Guaranty (Broadstone Net Lease, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a "Guarantor" under that certain Amended and Restated Guaranty dated as of November 20July 22, 2012 2005 (as amended, supplemented, restated or otherwise modified from time to time, the "Guaranty"), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a "Guarantor" thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Total Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (St Joe Co)

Accession to Guaranty. The New Guarantor Subsidiary hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20February 25, 2012 2004 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor Subsidiary had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor Subsidiary hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Term Loan Agreement (HRPT Properties Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20December 13, 2012 2005 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit the Lenders and the benefit of the other Guarantied Parties, Swingline Lender and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders and the other Guarantied Parties Swingline Lender as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Commercial Net Lease Realty Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20December 18, 2012 2014 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Tier Reit Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20July 8, 2012 2010 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Excel Trust, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain the Guaranty dated as of November 20January 31, 2012 2014 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Guaranty (Trade Street Residential, Inc.)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Second Amended and Restated Guaranty dated as of November 20March 23, 2012 2018 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Lp)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20July 28, 2012 2006 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Total Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (St Joe Co)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20, 2012 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit Agent and the benefit of the other Guarantied Parties, Lenders and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties Lenders as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Term Loan Agreement (Kite Realty Group, L.P.)

Accession to Guaranty. The New Guarantor Subsidiary hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20May , 2012 2005 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit the Lenders and the benefit of the other Guarantied Parties, Swingline Lender and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor Subsidiary had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor Subsidiary hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders and the other Guarantied Parties Swingline Lender as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Hospitality Properties Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Amended and Restated Guaranty dated as of November 20May __, 2012 2011 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Guaranty (Equity Lifestyle Properties Inc)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20December 10, 2012 2020 (as amended, supplementedrestated, restated supplemented or otherwise modified from time to time, the “Guaranty”), made by the Guarantors party thereto in favor of the Administrative Agent, for its benefit and the benefit of the other Guarantied Parties, Parties and assumes all obligations of a “Guarantor” thereunder and agrees to be bound thereby, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent and the other Guarantied Parties as of the date hereof each of the representations and warranties with respect to or in any way relating to itself contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Second Lien Credit Agreement (Pennsylvania Real Estate Investment Trust)

Accession to Guaranty. The New Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of November 20August 31, 2012 2004 (as amended, supplemented, restated or otherwise modified from time to time, the “Guaranty”), made by each Subsidiary of the Guarantors Borrower a party thereto in favor of the Administrative Agent, for its benefit the Lenders and the benefit of the other Guarantied Parties, Swingline Lender and assumes all obligations of a “Guarantor” thereunder and agrees to be bound therebythereunder, all as if the New Guarantor had been an original signatory to the Guaranty. Without limiting the generality of the foregoing, the New Guarantor hereby: (a) irrevocably and unconditionally guarantees the due and punctual payment and performance when due, whether at stated maturity, by acceleration or otherwise, of all Guarantied Obligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders and the other Guarantied Parties Swingline Lender as of the date hereof each of the representations and warranties contained in Section 5. 5 of the Guaranty and agrees to be bound by each of the covenants contained in Section 6. 6 of the Guaranty; and

Appears in 1 contract

Samples: Credit Agreement (Kite Realty Group Trust)

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