Common use of Accession to Guaranty Clause in Contracts

Accession to Guaranty. In accordance with Section 32 of the Guaranty, the New Guarantor, by its signature below, becomes a “Guarantor” under the Guaranty with the same force and effect as if originally named therein and assumes all obligations of a “Guarantor” thereunder, and the New Guarantor hereby (a) agrees to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by reference. 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; (b) makes to the Administrative Agent and the 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 3 contracts

Samples: Credit Agreement (Amerigas Partners Lp), Credit Agreement (Amerigas Partners Lp), Credit Agreement (Amerigas Partners Lp)

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Accession to Guaranty. In accordance with Section 32 of the Guaranty, the The New Guarantor, by its signature below, becomes Guarantor hereby agrees that it is a “Guarantor” under that certain Amended and Restated Guaranty dated as of June 6, 2011 (as amended, supplemented, restated or otherwise modified from time to time, the Guaranty with “Guaranty”), made by each Parent and Subsidiary of the same force Borrower a party thereto in favor of the Agent, the Lenders and effect as if originally named therein the Swingline Lender and assumes all obligations of a “Guarantor” thereunder, and all as if the New Guarantor hereby (a) agrees had been an original signatory to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by referenceGuaranty. 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 ObligationsObligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders and the Guarantied Parties Swingline Lender 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 2 contracts

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

Accession to Guaranty. In accordance with Section 32 of the Guaranty, the The New Guarantor, by its signature below, becomes Guarantor hereby agrees that it is a “Guarantor” under that certain Amended and Restated Guaranty dated as of December [_], 2011 (as amended, supplemented, restated or otherwise modified from time to time, the Guaranty with “Guaranty”), made by the same force Company and effect as if originally named therein each Subsidiary of the Company a party thereto in favor of the Agent, for its benefit and the benefit of the other Guarantied Parties and assumes all obligations of a “Guarantor” thereunderthereunder and agrees to be bound thereby, and all as if the New Guarantor hereby (a) agrees had been an original signatory to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by referenceGuaranty. 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 ObligationsGuaranteed 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 2 contracts

Samples: Guaranty (Home Properties Inc), Credit Agreement (Home Properties Inc)

Accession to Guaranty. In accordance with Section 32 of the Guaranty, the The New Guarantor, by its signature below, becomes Guarantor hereby agrees that it is a “Guarantor” under that certain Second Amended and Restated Guaranty dated as of _____________ ___, 2013 (as amended, supplemented, restated or otherwise modified from time to time, the Guaranty with “Guaranty”), made by each Parent and Subsidiary of the same force Borrower a party thereto in favor of the Agent, the Lenders, the Issuing Lender and effect as if originally named therein the Swingline Lender and assumes all obligations of a “Guarantor” thereunder, and all as if the New Guarantor hereby (a) agrees had been an original signatory to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by referenceGuaranty. 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 ObligationsObligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders, the Issuing Lender and the Guarantied Parties Swingline Lender 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: Credit Agreement (Kite Realty Group Trust)

Accession to Guaranty. In accordance with Section 32 of the Guaranty, the The New Guarantor, by its signature below, becomes Guarantor hereby agrees that it is a “Guarantor” under that certain Facility Guaranty dated as of July 22, 2022 (as amended, supplemented, restated or otherwise modified from time to time, the Guaranty with “Guaranty”), made by the same force Parent and effect as if originally named therein each Subsidiary of the Borrower a party thereto in favor of the Agent and the Lenders and assumes all obligations of a “Guarantor” thereunderthereunder and agrees to be bound thereby, and all as if the New Guarantor hereby (a) agrees had been an original signatory to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by referenceGuaranty. 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 ObligationsObligations (as defined in the Guaranty), subject to the provisions of Section 14 of the Guaranty; (b) makes to the Administrative Agent and the 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 (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

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

Accession to Guaranty. In accordance with Section 32 of the Guaranty, the The New Guarantor, by its signature below, becomes Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of May 9, 2003 (as amended, supplemented, restated or otherwise modified from time to time, the Guaranty with “Guaranty”), made by each Subsidiary of the same force Borrower a party thereto in favor of the Agent, the Lenders and effect as if originally named therein the Swingline Lender and assumes all obligations of a “Guarantor” thereunder, and all as if the New Guarantor hereby (a) agrees had been an original signatory to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by referenceGuaranty. 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 ObligationsObligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders and the Guarantied Parties Swingline Lender 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: Credit Agreement (Commercial Net Lease Realty Inc)

Accession to Guaranty. In accordance with Section 32 of the Guaranty, the The New Guarantor, by its signature below, becomes Guarantor hereby agrees that it is a “Guarantor” under that certain Amended and Restated Guaranty dated as of November [ ], 2012 (as amended, supplemented, restated or otherwise modified from time to time, the Guaranty with “Guaranty”), made by the same force Guarantors party thereto in favor of the Administrative Agent, for its benefit and effect as if originally named therein the benefit of the Lenders, the Swingline Lender, and the Issuing Bank and assumes all obligations of a “Guarantor” thereunderthereunder and agrees to be bound thereby, and all as if the New Guarantor hereby (a) agrees had been an original signatory to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by referenceGuaranty. 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 ObligationsObligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders, the Swingline Lender, and the Guarantied Parties Issuing Bank 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: Credit Agreement (DiamondRock Hospitality Co)

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Accession to Guaranty. In accordance with Section 32 of the Guaranty, the The New Guarantor, by its signature below, becomes Guarantor hereby agrees that it is a “Guarantor” under that certain [Fourth Amended and Restated Guaranty dated as of ____________, 2023] (as amended, supplemented, restated or otherwise modified from time to time, the Guaranty with “Guaranty”), made by the same force Guarantors party thereto in favor of the Administrative Agent, for its benefit and effect as if originally named therein the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunderthereunder and agrees to be bound thereby, and all as if the New Guarantor hereby (a) agrees had been an original signatory to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by referenceGuaranty. 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 ObligationsObligations (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 (RLJ Lodging Trust)

Accession to Guaranty. In accordance with Section 32 of the Guaranty, the The New Guarantor, by its signature below, becomes Guarantor hereby agrees that it is a “Guarantor” under that certain Amended, Restated & Consolidated Guaranty dated as of April 1, 2014 (as amended, supplemented, restated or otherwise modified from time to time, the Guaranty with “Guaranty”), made by the same force Guarantors party thereto in favor of the Administrative Agent, for its benefit and effect as if originally named therein the benefit of the other Guarantied Parties, and assumes all obligations of a “Guarantor” thereunderthereunder and agrees to be bound thereby, and all as if the New Guarantor hereby (a) agrees had been an original signatory to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by referenceGuaranty. 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 ObligationsObligations (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: Credit Agreement (Parkway Properties Inc)

Accession to Guaranty. In accordance with Section 32 of the Guaranty, the The New Guarantor, by its signature below, becomes Guarantor hereby agrees that it is a “Guarantor” under that certain Guaranty dated as of , 20 (as amended, supplemented, restated or otherwise modified from time to time, the Guaranty with “Guaranty”), made by each Subsidiary of the same force Borrower a party thereto in favor of the Agent, the Lenders, the Issuing Lender and effect as if originally named therein the Swingline Lender and assumes all obligations of a “Guarantor” thereunder, and all as if the New Guarantor hereby (a) agrees had been an original signatory to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by referenceGuaranty. 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 ObligationsObligations (as defined in the Guaranty); (b) makes to the Administrative Agent Agent, the Lenders, the Issuing Lender and the Guarantied Parties Swingline Lender 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: Credit Agreement (Kite Realty Group, L.P.)

Accession to Guaranty. In accordance with Section 32 of the Guaranty, the The New Guarantor, by its signature below, becomes Guarantor hereby agrees that it is a “Guarantor” under that certain Facility Guaranty dated as of March 27, 2015 (as amended, supplemented, restated or otherwise modified from time to time, the Guaranty with “Guaranty”), made by the same force Parent and effect as if originally named therein each Subsidiary of the Borrower a party thereto in favor of the Agent and the Lenders and assumes all obligations of a “Guarantor” thereunderthereunder and agrees to be bound thereby, and all as if the New Guarantor hereby (a) agrees had been an original signatory to all of the terms and provisions of the Guaranty applicable to it as a “Guarantor” thereunder and (b) represents and warrants that the representations and warranties made by it as a “Guarantor” thereunder are true and correct on and as of the date hereof. Each reference to a “Guarantor” in the Guaranty shall be deemed to include the New Guarantor. The Guaranty is incorporated herein by referenceGuaranty. 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 ObligationsObligations (as defined in the Guaranty), subject to the provisions of Section 14 of the Guaranty; (b) makes to the Administrative Agent and the 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 (c) consents and agrees to each provision set forth in the Guaranty.

Appears in 1 contract

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

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