Each Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor (a) is and intends to remain solvent, (b) has and intends to have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and intends to have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 19 contracts
Samples: Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Assumption Agreement (American Realty Capital Hospitality Trust, Inc.), Assumption Agreement (American Realty Capital Hospitality Trust, Inc.)
Each Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor (a) is and intends to remain will be solvent, (b) has and intends to will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and intends to will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 3 contracts
Samples: Guaranty Agreement (Terra Tech Corp.), Guaranty Agreement (Terra Tech Corp.), Guaranty Agreement (Terra Tech Corp.)
Each Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor (a) is and intends to remain will be solvent, (b) has and intends to will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and intends to will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty of Recourse Obligations (American Realty Capital Hospitality Trust, Inc.), Guaranty of Recourse Obligations (American Realty Capital Hospitality Trust, Inc.)
Each Guarantor’s Financial Condition. As of the date hereof, and after giving g1vmg effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor (a) is and intends to remain will be solvent, (b) has and intends to will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and intends to will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.)
Each Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor (a) is and intends to remain solvent, (b) has and intends to have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and intends to have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.. 10 Guaranty of Recourse Obligations (Mezzanine Loan)
Appears in 1 contract
Samples: Special Warranty Deed (American Realty Capital Hospitality Trust, Inc.)
Each Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor (a) is and intends to remain be solvent, (b) has and intends to have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and intends to have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 1 contract
Samples: Generation Income Properties, Inc.
