Common use of Direct Action Against Guarantor Clause in Contracts

Direct Action Against Guarantor. Guarantor’s liability under this Guaranty is a guaranty of payment and performance and not of collection. Lender has the right to require Guarantor to pay, comply with and satisfy its obligations and liabilities under this Guaranty, and shall have the right to proceed immediately against Guarantor with respect thereto, without being required to attempt recovery first from Borrower or any other party, without first suing on the Note or any other Loan Document and without demonstrating that the collateral for the Loan is inadequate security or that Lender has exercised (to any degree) or exhausted any of Lender’s other rights and remedies with respect to Borrower or any collateral for the Loan.

Appears in 5 contracts

Samples: Limited Guaranty (KBS Legacy Partners Apartment REIT, Inc.), Nonrecourse Exceptions Guaranty (Ashford Hospitality Trust Inc), Nonrecourse Exceptions Guaranty (Ashford Hospitality Trust Inc)

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Direct Action Against Guarantor. Each Guarantor’s liability under this Guaranty is a guaranty of payment and performance and not of collection. Lender has the right to require each Guarantor to pay, comply with and satisfy its obligations and liabilities under this Guaranty, and shall have the right to proceed immediately against each Guarantor with respect thereto, without being required to attempt recovery first from Borrower or any other party, without first suing on the Note or any other Loan Document and without demonstrating that the collateral for the Loan is inadequate security or that Lender has exercised (to any degree) or exhausted any of Lender’s other rights and remedies with respect to Borrower or any collateral for the Loan.

Appears in 2 contracts

Samples: Independence Realty Trust, Inc, Angeles Income Properties LTD Ii

Direct Action Against Guarantor. Guarantor’s 's liability under this Guaranty is a guaranty of payment and performance and not of collection. Lender has the right to require Guarantor to pay, comply with and satisfy its obligations and liabilities under this Guaranty, and shall have the right to proceed immediately against Guarantor with respect thereto, without being required to attempt recovery first from Borrower or any other party, without first suing on the Note or any other Loan Document and without demonstrating that the collateral for the Loan is inadequate security or that Lender has exercised (to any degree) or exhausted any of Lender’s 's other rights and remedies with respect to Borrower or any collateral for the Loan.

Appears in 2 contracts

Samples: NNN Healthcare/Office REIT, Inc., NNN Healthcare/Office REIT, Inc.

Direct Action Against Guarantor. Guarantor’s liability under this Guaranty is a guaranty of payment and performance and not of collection. Lender has the right to require Guarantor to pay, comply with and satisfy its obligations and liabilities under this Guaranty, and and, subject to the provisions of Article 12 of the Loan Agreement, shall have the right to proceed immediately against Guarantor with respect thereto, without being required to attempt recovery first from Borrower or any other party, without first suing on the Note or any other Loan Document and without demonstrating that the collateral for the Loan is inadequate security or that Lender has exercised (to any degree) or exhausted any of Lender’s other rights and remedies with respect to Borrower or any collateral for the Loan.

Appears in 1 contract

Samples: Behringer Harvard Opportunity REIT I, Inc.

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Direct Action Against Guarantor. Guarantor’s liability under this Guaranty is a guaranty of payment and performance and not of collection. Lender has the right to require Guarantor to pay, comply with and satisfy its obligations and liabilities under this Guaranty, and shall have the right to proceed immediately against Guarantor with respect thereto, without being required to attempt recovery first from Borrower or any other party, without first suing on the Note or any other Loan Credit Document and without demonstrating that the collateral for the Loan Collateral is inadequate security or that Lender has exercised (to any degree) or exhausted any of Lender’s other rights and remedies with respect to Borrower Borrower, the Collateral or any other collateral for the Loan.

Appears in 1 contract

Samples: Guaranty (NorthStar Real Estate Income Trust, Inc.)

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