Delivery of Subsidiary Guaranties. Borrower shall cause each of its existing Subsidiaries listed on SCHEDULE 6 to execute and deliver to Lender the Subsidiary Guaranty. Borrower shall promptly notify Lender of any planned formation or acquisition of any additional Subsidiaries. Within 10 days after Borrower forms or acquires any Subsidiary other than a Subsidiary which is a single-purpose entity formed solely for the purpose of owning Projects in connection with securitized Indebtedness and which has restrictions on the creation of additional Indebtedness and other safeguards typically imposed on such single-purpose entities in securitized financings, Borrower shall cause such Subsidiary to execute and deliver to Lender a Subsidiary Guaranty.
Delivery of Subsidiary Guaranties. Borrower shall cause each of its existing Subsidiaries listed on SCHEDULE 6 to execute and deliver to the Agent the Subsidiary Guaranty. Within 10 days after the later of the date Borrower forms or acquires any Subsidiary or the date such Subsidiary first owns a Project (other than a Subsidiary which is a single-purpose entity which owns only Projects subject to securitized Indebtedness and which has restrictions on the creation of additional Indebtedness and other safeguards typically imposed on such single-purpose entities in securitized financings), Borrower shall cause such Subsidiary to execute and deliver to the Administrative Agent a Subsidiary Guaranty.
Delivery of Subsidiary Guaranties. Concurrent with the designation by the Company of any Subsidiary as a “Designated Subsidiary” under Section 9.2, the Company (subject to Section 2.19(c)) will deliver to the Administrative Agent (i) a guaranty (or joinder to a guaranty previously delivered pursuant to this Section 2.19(a)), executed by such Subsidiary, in form and substance satisfactory to the Administrative Agent, guarantying payment by such Designated Subsidiary of all Obligations of all other Borrowers, (ii) a certificate of the secretary or other appropriate officer of such Subsidiary, in form and substance satisfactory to the Administrative Agent, (1) certifying that the execution, delivery and performance of such guaranty or joinder have been duly approved by all necessary action of the Governing Board of such Subsidiary, and attaching true and correct copies of the applicable resolutions granting such approval, (2) certifying that attached to such certificate are true and correct copies of the Organizational Documents of such Subsidiary, together with such copies, and (3) certifying the names of the officers of such Subsidiary that are authorized to sign that guaranty or joinder; and (iii) an opinion of counsel to that Subsidiary, opining as to the due execution, delivery and enforceability of such guaranty and joinder, in form and substance satisfactory to the Administrative Agent.
Delivery of Subsidiary Guaranties. All Subsidiaries of the Borrower which own a Project except for Excluded Subsidiaries and except for a Subsidiary which owns a Project encumbered by first mortgage financing which is prohibited from issuing guaranties by either the terms of the first mortgage loan documents or the terms of other financing secured by a pledge of the direct or indirect interest in the Capital Stock in such Subsidiary shall be required to be a Subsidiary Guarantor. Borrower shall cause each of its existing Subsidiaries which are required to be Subsidiary Guarantors to execute and deliver to the Agent the Subsidiary Guaranty. At Borrower's election, additional Subsidiaries may execute the Subsidiary Guaranty but notwithstanding the foregoing, those Subsidiaries that have executed the Subsidiary Guaranty but that are not obligated to be a Subsidiary Guarantor pursuant to the terms of this Section 6.13 shall not be bound by the terms of the Subsidiary Guaranty and shall have no liability thereunder. Upon request from Borrower, and delivery of satisfactory evidence that a particular Subsidiary is not required to be a Subsidiary Guarantor, Administrative Agent shall acknowledge in writing that such Subsidiary is not a Subsidiary Guarantor even though it may have executed the Subsidiary Guaranty. From and after the date hereof, any Subsidiary (whether or not currently existing) which is required to be a Subsidiary Guarantor will automatically be deemed to be a Subsidiary Guarantor without any further action on its part. To confirm that it has become a Subsidiary Guarantor, Borrower agrees that not less than once every twelve months and within thirty (30) days following the closing of a Portfolio Acquisition (or final closing if the closing occurs in phases) it will cause each such Subsidiary to execute a Joinder to the Subsidiary Guaranty in the form attached as Exhibit A to the Subsidiary Guaranty if it has not already executed the Subsidiary Guaranty or a Joinder, however the failure to execute such Joinder shall not impair the obligations of such Subsidiary under the Subsidiary Guaranty. Upon request of Administrative Agent Borrower shall deliver to Administrative Agent a list of all Projects and which entity owns such Project. Notwithstanding the foregoing, in no event shall any asset owned by a Subsidiary be included as an Unencumbered Asset unless such Subsidiary has executed the Subsidiary Guaranty or a Joinder thereto.
6. Section 6.20 of the Loan Agreement is hereby restate...
Delivery of Subsidiary Guaranties. 54 6.14. Sale and Leaseback............................................... 54 6.15.
Delivery of Subsidiary Guaranties. Each Borrower shall promptly notify Agent of any planned formation or acquisition of any Substantial Subsidiary. Within 10 days after any Borrower forms or acquires any Substantial Subsidiary, that Borrower shall cause such Substantial Subsidiary to execute and deliver to Lenders' a guaranty agreement (together with such other documents as Lenders shall reasonably request) whereby such Substantial Subsidiary agrees that it shall be jointly and severally liable for all Obligations of that Borrower under the Loan Documents. The guaranty agreement and such other documents each shall be in form and substance satisfactory to Lenders.
Delivery of Subsidiary Guaranties. Borrower shall cause each of its existing Subsidiaries to execute and deliver to the Agent the Subsidiary Guaranty. Borrower shall promptly notify Agent of any planned formation or acquisition of any Subsidiary. Within 10 days after Borrower forms or acquires any Subsidiary, Borrower shall cause such Subsidiary to execute and deliver to the Lenders a subsidiary guaranty agreement (together with such other documents as the Lenders shall reasonably request), or a joinder to the existing Subsidiary Guaranty, whereby such Subsidiary agrees that it shall be jointly and severally liable for all Obligations of the Borrower under the Loan Documents. The Subsidiary Guaranty agreement and such other documents each shall be in form and substance satisfactory to the Lenders.
Delivery of Subsidiary Guaranties. Borrower may elect to cause any of its Subsidiaries to execute and deliver to the Administrative Agent a Subsidiary Guaranty.
Delivery of Subsidiary Guaranties. Borrower shall cause each of its existing Subsidiaries (other than a Subsidiary which is a single-purpose entity which owns only Projects subject to securitized Indebtedness and which has restrictions on the creation of additional Indebtedness and other safeguards typically imposed on such single-purpose entities in securitized financings) to execute and deliver to the Agent the Subsidiary Guaranty. Within 10 days after the later of the date Borrower forms or acquires any Subsidiary or the date such Subsidiary first owns a Project, Borrower shall cause such Subsidiary (other than Subsidiaries excluded under the parenthetical in the preceding sentence) to execute and deliver to the Administrative Agent a joinder in the Subsidiary Guaranty, together with supporting organizational and authority documents and opinions similar to those provided with respect to the Borrower under Section 4.1 hereof. If a Subsidiary that is initially not required to deliver a Subsidiary Guaranty under the parenthetical in the first sentence is later not precluded from doing so, then Borrower shall cause such Subsidiary to deliver a Subsidiary Guaranty and such supporting documents and opinions at that time.
Delivery of Subsidiary Guaranties. Payment of all Indebtedness of the Borrower arising under this Agreement and the Notes shall be guaranteed by WRIT LP and each other Subsidiary of the Borrower formed or acquired after the date of this Agreement. The Borrower shall promptly notify the Agent of any planned formation or acquisition of any Subsidiary. Within 10 days after the Borrower forms or acquires any Subsidiary, the Borrower shall cause such Subsidiary to execute and deliver to the Banks a valid and enforceable guaranty agreement (as "Subsidiary Guaranty") together with such other documents as the Banks shall reasonably request. Each Subsidiary Guaranty and such other documents each shall be in form and substance satisfactory to the Banks. Such documents shall include, without limitation:
(1) an opinion of counsel to the Subsidiary, addressed to the Agent, covering such matters as the Agent may reasonably request;
(2) copies of evidence of all actions taken by the Subsidiary to authorize the execution, delivery and performance of the Subsidiary Guaranty;
(3) certified copies of the organizational documents of the Subsidiary;
(4) a certificate as to the authority, incumbency and signatures of the representatives of the Subsidiary authorized to execute the Subsidiary Guaranty; and
(5) a current certificate of good standing or formation (or similar instrument) issued by the appropriate state official of the state of organization of the Subsidiary.
