Common use of ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS Clause in Contracts

ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS. (a) Each Guarantor acknowledges that it has received, or will receive, significant financial and other benefits, either directly or indirectly, from the proceeds of the Loans made by the Lenders to the Borrower pursuant to the Credit Agreement; that the benefits received by such Guarantor are reasonably equivalent consideration for such Guarantor’s execution of this Guaranty; and that such benefits include, without limitation, the access to capital afforded to the Borrower pursuant to the Credit Agreement from which the activities of such Guarantor will be supported, the refinancing of certain existing indebtedness of the Borrower and such Guarantor from the proceeds of the Loans, and the ability to refinance that indebtedness at a lower interest rate and otherwise on more favorable terms than would be available to it if the Borrowing Base Properties owned by such Guarantor’s were being financed on a stand-alone basis. Each Guarantor is executing this Agreement and the other Loan Documents in consideration of those benefits received by it.

Appears in 8 contracts

Samples: Credit Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.)

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ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS. (a) Each Guarantor acknowledges that it has received, or will receive, significant financial and other benefits, either directly or indirectly, from the proceeds issue of the Loans made Notes by the Lenders Issuer to the Borrower Purchasers pursuant to the Credit Note Purchase Agreement; that the benefits received by such Guarantor are reasonably equivalent consideration for such Guarantor’s execution of this Guaranty; and that such benefits include, without limitation, the access to capital afforded to the Borrower Issuer pursuant to the Credit Note Purchase Agreement from which the activities of such Guarantor will be supported, the refinancing of certain existing indebtedness of the Borrower Issuer and such Guarantor from the proceeds of the Loanssale of the Notes, and the ability to refinance that indebtedness at a lower interest rate and otherwise on more favorable terms than would be available to it if the Borrowing Base Properties Unencumbered Property owned by such Guarantor’s were being financed on a stand-alone basis. Each Guarantor is executing this Agreement and the other Loan Documents in consideration of those benefits received by it.

Appears in 3 contracts

Samples: Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.)

ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS. (a) Each Guarantor acknowledges that it has received, or will receive, significant financial and other benefits, either directly or indirectly, from the proceeds of the Loans made by the Lenders to the Borrower pursuant to the Credit Term Loan Agreement; that the benefits received by such Guarantor are reasonably equivalent consideration for such Guarantor’s 's execution of this Guaranty; and that such benefits include, without limitation, the access to capital afforded to the Borrower pursuant to the Credit Term Loan Agreement from which the activities of such Guarantor will be supported, the refinancing of certain existing indebtedness of the Borrower and such Guarantor secured by such Guarantor’s Borrowing Base Properties from the proceeds of the Loans, and the ability to refinance that indebtedness at a lower interest rate and otherwise on more favorable terms than would be available to it if the Borrowing Base Properties owned by such Guarantor’s were being financed on a stand-alone basisbasis and not as part of a pool of assets comprising the security for the Obligations. Each Guarantor is executing this Agreement Guaranty and the other Loan Documents in consideration of those benefits received by it.

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (American Realty Capital Trust, Inc.), Subsidiary Guaranty Agreement (American Realty Capital Trust, Inc.)

ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS. (a) Each Guarantor acknowledges that it has received, or will receive, significant financial and other benefits, either directly or indirectly, from the proceeds issue of the Loans made Notes by the Lenders Issuer to the Borrower Purchasers pursuant to the Credit Note Purchase Agreement; that the benefits received by such Guarantor are reasonably equivalent consideration for such Guarantor’s 's execution of this Guaranty; and that such benefits include, without limitation, the access to capital afforded to the Borrower Issuer pursuant to the Credit Note Purchase Agreement from which the activities of such Guarantor will be supported, the refinancing of certain existing indebtedness of the Borrower Issuer and such Guarantor from the proceeds of the Loanssale of the Notes, and the ability to refinance that indebtedness at a lower interest rate and otherwise on more favorable terms than would be available to it if the Borrowing Base Properties Unencumbered Property owned by such Guarantor’s Guarantors were being financed on a stand-alone basis. Each Guarantor is executing this Agreement and the other Loan Documents Guaranty in consideration of those benefits received by it.

Appears in 2 contracts

Samples: Note Purchase Agreement (STAG Industrial, Inc.), Note Purchase Agreement (STAG Industrial, Inc.)

ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS. (a) Each Guarantor acknowledges that it has received, or will receive, significant financial and other benefits, either directly or indirectly, from the proceeds of the Loans made by the Lenders to the Borrower pursuant to the Credit Agreement; that the benefits received by such Guarantor are reasonably equivalent consideration for such Guarantor’s execution of this Guaranty; and that such benefits include, without limitation, the access to capital afforded to the Borrower pursuant to the Credit Agreement from which the activities of such Guarantor will be supported, the refinancing of certain existing indebtedness of the Borrower and such Guarantor secured by such Guarantor’s Borrowing Base Properties from the proceeds of the Loans, and the ability to refinance that indebtedness at a lower interest rate and otherwise on more favorable terms than would be available to it if the Borrowing Base Properties owned by such Guarantor’s were being financed on a stand-alone basisbasis and not as part of a pool of assets comprising the security for the Obligations. Each Guarantor is executing this Agreement and the other Loan Documents in consideration of those benefits received by it.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (American Realty Capital Properties, Inc.)

ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS. (a) Each Guarantor acknowledges that it has received, or will receive, significant financial and other benefits, either directly or indirectly, from the proceeds issue of the Loans made Notes by the Lenders Issuer to the Borrower Purchasers pursuant to the Credit Note Purchase Agreement; that the benefits received by such Guarantor are reasonably equivalent consideration for such Guarantor’s 's execution of this Guaranty; and that such benefits include, without limitation, the access to capital afforded to the Borrower Issuer pursuant to the Credit Note Purchase Agreement from which the activities of such Guarantor will be supported, the refinancing of certain existing indebtedness of the Borrower Issuer and such Guarantor from the proceeds of the Loanssale of the Notes, and the ability to refinance that indebtedness at a lower interest rate and otherwise on more favorable terms than would be available to it if the Borrowing Base Properties C-2-7 Unencumbered Property owned by such Guarantor’s Guarantors were being financed on a stand-alone basis. Each Guarantor is executing this Agreement and the other Loan Documents Guaranty in consideration of those benefits received by it.

Appears in 1 contract

Samples: Note Purchase Agreement (STAG Industrial, Inc.)

ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS. (a) Each Guarantor acknowledges that it has received, or will receive, significant financial and other benefits, either directly or indirectly, from the proceeds of the Loans Loan made by the Lenders to the Borrower Borrowers pursuant to the Credit Loan Agreement; that the benefits received by such Guarantor are reasonably equivalent consideration for such Guarantor’s execution of this Guaranty; and that such benefits include, without limitation, the access to capital afforded to the Borrower Borrowers pursuant to the Credit Loan Agreement from which the activities of such Guarantor will be supported, the refinancing of certain existing indebtedness of the Borrower Borrowers and such Guarantor secured by assets of such Guarantor from the proceeds of the LoansLoan, and the ability to refinance that indebtedness at a lower interest rate and otherwise on more favorable terms than would be available to it if the Borrowing Base Properties assets owned by such Guarantor’s Guarantor were being financed on a stand-alone basisbasis and not as part of a pool of assets comprising the security for the Obligations. Each Guarantor is executing this Agreement Guaranty and the other Loan Documents in consideration of those benefits received by it.

Appears in 1 contract

Samples: Credit Agreement (Lexington Realty Trust)

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ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS. (a) Each Guarantor acknowledges that it has received, or will receive, significant financial and other benefits, either directly or indirectly, from the proceeds issue of the Loans made Notes by the Lenders Issuer to the Borrower Purchasers pursuant to the Credit Note Purchase Agreement; that the benefits received by such Guarantor are reasonably equivalent consideration for such Guarantor’s 's execution of this Guaranty; and that such benefits include, without limitation, the access to capital afforded to the Borrower Issuer pursuant to the Credit Note Purchase Agreement from which the activities of such Guarantor will be supported, the refinancing of certain existing indebtedness of the Borrower Issuer and such Guarantor from the proceeds of the Loanssale of the Notes, and the ability to refinance that indebtedness at a lower interest rate and otherwise on more favorable terms than would be available to it if the Borrowing Base Properties Unencumbered Property owned by such Guarantor’s Guarantors were being financed on a stand-alone stand‑alone basis. Each Guarantor is executing this Agreement and the other Loan Documents Guaranty in consideration of those benefits received by it.

Appears in 1 contract

Samples: Note Purchase Agreement (STAG Industrial, Inc.)

ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS. (a) Each Guarantor acknowledges that it has received, or will receive, significant financial and other benefits, either directly or indirectly, from the proceeds of the Loans made by the Lenders to the Borrower pursuant to the Credit Agreement; that the benefits received by such Guarantor are reasonably equivalent consideration for such Guarantor’s execution of this Guaranty; and that such benefits include, without limitation, the access to capital afforded to the Borrower pursuant to the Credit Agreement from which the activities of such Guarantor will be supported, the refinancing of certain existing indebtedness of the Borrower and such Guarantor from the proceeds of the Loans, and the ability to refinance that indebtedness at a lower interest rate and otherwise on more favorable terms than would be available to it if the Borrowing Base Properties owned by such Guarantor’s were being financed on a stand-alone basis. Each Guarantor is executing this Agreement and the other Loan Documents in consideration of those benefits received by it.

Appears in 1 contract

Samples: Term Loan Agreement (STAG Industrial, Inc.)

ACKNOWLEDGMENT OF BENEFITS; CONTRIBUTION; EFFECT OF AVOIDANCE PROVISIONS. (a) Each Guarantor acknowledges that it has received, or will receive, significant financial and other benefits, either directly or indirectly, from the proceeds of the Loans made by the Lenders to the Borrower pursuant to the Credit AgreementTerm Loan Agreement and the entry by the Borrower into Designated Swap Contracts; that the benefits received by such Guarantor are reasonably equivalent consideration for such Guarantor’s 's execution of this Guaranty; and that such benefits include, without limitation, the access to capital afforded to the Borrower pursuant to the Credit Term Loan Agreement from which the activities of such Guarantor will be supported, the refinancing of certain existing indebtedness of the Borrower and such Guarantor from the proceeds of the Loans, and the ability to refinance that indebtedness at a lower interest rate and otherwise on more favorable terms than would be available to it if the Borrowing Base Properties owned by such Guarantor’s were being financed on a stand-alone basis. Each Guarantor is executing this Agreement and the other Loan Documents in consideration of those benefits received by it.

Appears in 1 contract

Samples: Term Loan Agreement (STAG Industrial, Inc.)

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