Definition of Guaranteed Obligations. As used herein, the term “Guaranteed Obligations” means:
Definition of Guaranteed Obligations. As used herein, the term "Guaranteed Obligations" shall mean all of the obligations and liabilities of Lessee under the Lease, including without limitation, the obligation to pay all Base Rent, Percentage Rent, and Additional Charges (as those terms are defined in the Lease) as and when due.
Definition of Guaranteed Obligations. As used herein, the term “Guaranteed Obligations” means (i) Guarantor’s Recourse Liabilities (as defined herein), (ii) from and after the occurrence of any Springing Recourse Event (as defined herein), payment in full of the Obligations, and (iii) the Guaranty of Payment (as defined herein).
Definition of Guaranteed Obligations. As used herein, the term “Guaranteed Obligations” means the full and prompt payment to Lender of the principal and interest, and all other sums that become due under the terms of the Note and the performance of all obligations thereunder, without deduction by reason of any set-off, defense, or counterclaim, and irrespective of any invalidity thereof, the unenforceability thereof, or the insufficiency, invalidity, or unenforceability of any security therefor.
Definition of Guaranteed Obligations. As used herein, the term “Guaranteed Obligations” shall mean, and Guarantor shall be liable for, and shall indemnify, defend and hold Lender and each other Indemnified Party harmless from and against, any and all Losses (as hereinafter defined) incurred or suffered by Lender or any other Indemnified Party arising out of or in connection with the matters listed below:
Definition of Guaranteed Obligations. As used herein, the term “Guaranteed Obligations” means the total of (a) the principal indebtedness under the Note, (b) all accrued but unpaid interest and expenses due under the Loan and (c) all attorneys’ fees, costs and expenses of collection incurred by Creditor in enforcing this Guaranty and/or the liabilities of each Debtor.
Definition of Guaranteed Obligations. As used herein, the term “Guaranteed Obligations” means
(a) the obligations or liabilities of Borrower to Lender for any loss, damage, cost, expense, liability, claim or other obligation incurred by Lender (including attorneys’ fees and costs reasonably incurred) arising out of or in connection with the occurrence of any of the following during the period which Guarantor owns any direct or indirect interest in Borrower and Borrower owns the Property:
(i) fraud or intentional misrepresentation by Borrower or Guarantor in connection with the Loan;
(ii) intentional physical waste (including, but not limited to, waste due to gross negligence) by Borrower or any affiliate thereof; provided, however, such physical waste shall exclude wear and tear of the Property that occurs in the ordinary course of business of the Property by Borrower or any affiliate thereof;
(iii) the material breach of any representation, warranty, covenant or indemnification provision in that certain Environmental and Hazardous Substance Indemnification Agreement of even date herewith given by Borrower to Lender or in the Loan Agreement concerning environmental laws, hazardous substances or asbestos;
(iv) the removal or disposal by Borrower or any affiliate thereof of any portion of the Property after an Event of Default has occurred and while it is continuing, unless such portion of the Property is replaced by an item of equal or greater value as determined by Lender in its reasonable discretion;
(v) the misapplication or conversion by Borrower or any affiliate thereof of (A) any insurance proceeds paid by reason of any loss, damage or destruction to the Property, (B) any awards or other amounts received in connection with the condemnation of all or a portion of the Property, (C) any Rents following an Event of Default, or (D) any Rents paid more than one month in advance;
(vi) failure to pay charges for labor or materials or taxes or other charges that can create liens superior to the lien of the Mortgage on any portion of the Property, unless such taxes or other charges are being contested in accordance with the Loan Documents or such taxes or charges have been delivered to Lender in accordance with Section 3.3 of the Loan Agreement or Borrower has complied with Section 5.2 of the Loan Agreement;
(vii) any security deposits collected by Borrower or any affiliate thereof with respect to the Property which are not delivered to Lender upon a foreclosure of the Property or other action in l...
Definition of Guaranteed Obligations. As used herein, the term “Guaranteed Obligations” shall be deemed to include, and Guarantor shall be liable for, and shall indemnify, defend and hold Lender harmless from and against, any and all Losses (as hereinafter defined) incurred or suffered by Lender and/or any of its affiliates and arising out of or in connection with the matters listed below:
(a) fraud or intentional misrepresentation or failure to disclose a material fact or any untrue statement of a material fact or omission to state a material fact in any the written materials and/or information provided to Lender or any of its affiliates in all cases by or on behalf of Borrower or Guarantor or any of their Affiliates in connection with the Security Instrument, the Note or the other Loan Documents;
(b) the misappropriation by Borrower, Guarantor or any of their Affiliates of any tenant security deposits or Rent received by Borrower (or received by its Partners) (i) more than one (1) month in advance of the due date thereof (other than Rents deemed to be "additional rents" under Leases) or (ii) after the occurrence of an Event of Default and not either delivered to Lender (or Lender's agent) or applied to ordinary and necessary expenses of owning and operating the Property;
(c) the misapplication or conversion by Borrower, Guarantor or any of their Affiliates of Loss Proceeds to the extent actually paid by the insurer;
(d) any arson or physical waste to or of the Property or damage to the Property in each case resulting from the intentional acts or intentional omissions of Borrower or any Affiliate of Borrower;
(e) Borrower’s failure to comply with the provisions of Sections 2.02(g), 16.01 or 16.02, inclusive, of the Security Instrument;
(f) the exercise of any right or remedy under any federal, state or local forfeiture laws resulting in the loss or impairment of the lien of the Security Instrument, or the priority thereof, against the Property;
(g) any claims, actions or proceedings initiated by Borrower (or any Affiliate of Borrower) alleging that the relationship of Borrower and Lender is that of joint venturers, partners, tenants in common, joint tenants or any relationship other than that of debtor and creditor; or
(h) Borrower's failure to pay any valid taxes, assessments, mechanic's liens, materialmen's liens or other liens which could create liens on any portion of the Property superior to the lien or security title of the Security Instrument or the other Loan Documents, except, (1) wi...
Definition of Guaranteed Obligations. As used herein, the term “Guaranteed Obligations” shall (i) mean each of the obligations of Borrower under the Environmental Indemnity (as defined in the Security Instrument), including without limitation the indemnification provisions contained therein, and (ii) be deemed to include, and Guarantor shall also be liable for, and shall indemnify, defend and hold Lender harmless from and against, any and all Losses (as hereinafter defined) incurred or suffered by Lender to the extent, but only the extent, such Losses arise out of or in connection with the matters listed below:
Definition of Guaranteed Obligations. (a) As used herein, the term “Guaranteed Obligations” means all obligations and liabilities of Borrower, Operating Lessee and any other Loan Party for which Borrower, Operating Lessee and any other Loan Party is personally liable pursuant to Section 9.3(b) and Section 9.3(c)(ii)(A)-(D) of the Loan Agreement, in each case, to the extent of the liability of Borrower, Operating Lessee and any other Loan Party thereunder subject to the limitations in Section 1.2(b).
