Effect of Invalidation. To the extent that a court of competent jurisdiction determines that Guarantor’s Subrogation Deferral is void or voidable for any reason, Guarantor agrees, notwithstanding any acts or omissions by Buyer that Guarantor’s rights of subrogation against Seller or Buyer and Guarantor’s right of subrogation against any Security shall at all times be junior and subordinate to Buyer’s rights against Seller and to Buyer’s right, title, and interest in such Security.
Appears in 13 contracts
Samples: Guaranty (Seven Hills Realty Trust), Payment Guaranty, Limited Guaranty
Effect of Invalidation. To the extent that a court of competent jurisdiction determines that Guarantor’s Subrogation Deferral is void or voidable for any reason, Guarantor agrees, notwithstanding any acts or omissions by Buyer that Guarantor’s rights of subrogation against Seller or Buyer and Guarantor’s right of subrogation against any Security shall at all times be junior and subordinate to Buyer’s rights against Seller and to Buyer’s right, title, title and interest in such Security.
Appears in 11 contracts
Samples: Guaranty (Cim Real Estate Finance Trust, Inc.), Guaranty (Claros Mortgage Trust, Inc.), Guaranty (Claros Mortgage Trust, Inc.)
Effect of Invalidation. To the extent that a court of competent jurisdiction determines that Guarantor’s Subrogation Deferral is void or voidable for any reason, Guarantor agrees, notwithstanding any acts or omissions by Buyer Buyer, that Guarantor’s rights of subrogation against Seller or Buyer and Guarantor’s right of subrogation against any Security shall at all times be junior and subordinate to Buyer’s rights against Seller and to Buyer’s right, title, and interest in such Security.
Appears in 3 contracts
Samples: Parent Guaranty and Indemnity, Parent Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.), Parent Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.)
Effect of Invalidation. To the extent that a court of competent jurisdiction determines that Parent Guarantor’s 's Subrogation Deferral is void or voidable for any reason, Parent Guarantor agrees, notwithstanding any acts or omissions by Buyer Buyer, that Parent Guarantor’s 's rights of subrogation against Seller or Buyer and Parent Guarantor’s 's right of subrogation against any Security shall at all times be junior and subordinate to Buyer’s 's rights against Seller and to Buyer’s 's right, title, and interest in such Security.
Appears in 2 contracts
Samples: Parent Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.), Parent Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.)
Effect of Invalidation. To the extent that a court of competent jurisdiction determines that Guarantor’s Subrogation Deferral is void or voidable for any reason, Guarantor agrees, notwithstanding any acts or omissions by Buyer that Guarantor’s rights of subrogation against Seller or Buyer and Guarantor’s right of subrogation against any Security shall at all times be junior and subordinate to Buyer’s rights against Seller and to Buyer’s right, title, title and interest in such Security.. Guaranty NS Income II
Appears in 2 contracts
Samples: Guaranty (Colony NorthStar Credit Real Estate, Inc.), Guaranty (Colony NorthStar Credit Real Estate, Inc.)
Effect of Invalidation. To the extent that a court of competent jurisdiction determines that Guarantor’s Subrogation Deferral is void or voidable for any reason, Guarantor agrees, notwithstanding any acts or omissions by Buyer that Guarantor’s rights of subrogation against Seller QRS Seller, TRS Seller, Pledgor or Buyer and Guarantor’s right of subrogation against any Security shall at all times be junior and subordinate to Buyer’s rights against Seller and Pledgor and to Buyer’s right, title, and interest in such Security.
Appears in 2 contracts
Samples: Limited Guaranty (KKR Real Estate Finance Trust Inc.), Limited Guaranty (KKR Real Estate Finance Trust Inc.)
Effect of Invalidation. To the extent that a court of competent jurisdiction determines that Guarantor’s Subrogation Deferral is void or voidable for any reason, Guarantor agrees, notwithstanding any acts or omissions by the Buyers or the Buyer Agent, that Guarantor’s rights of subrogation against Seller or Seller, the Buyer Agent and Guarantor’s right of subrogation against any Security shall at all times be junior and subordinate to Buyerthe Buyer Agent’s rights against Seller and to Buyerthe Buyer Agent’s right, title, and interest in such Security.
Appears in 2 contracts
Samples: Guaranty (Anthracite Capital Inc), Guaranty (Anthracite Capital Inc)
Effect of Invalidation. To the extent that a court of competent jurisdiction determines that any Guarantor’s 's Subrogation Deferral is void or voidable for any reason, each such Guarantor agrees, notwithstanding any acts or omissions by Buyer Buyer, that such Guarantor’s 's rights of subrogation against Seller or Buyer and such Guarantor’s 's right of subrogation against any Security shall at all times be junior and subordinate to Buyer’s 's rights against Seller and to Buyer’s 's right, title, and interest in such Security.
Appears in 2 contracts
Samples: Omnibus Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.), Omnibus Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.)
Effect of Invalidation. To the extent that a court of competent jurisdiction determines that Guarantor’s Subrogation Deferral is void or voidable for any reason, Guarantor agrees, notwithstanding any acts or omissions by Buyer that Guarantor’s rights of subrogation against Seller or Buyer and Guarantor’s right rights of subrogation against any Security shall at all times be junior and subordinate to Buyer’s rights against Seller and to Buyer’s right, title, title and interest in such Security.
Appears in 1 contract
Effect of Invalidation. To the extent that a court of competent jurisdiction determines that Guarantor’s 's Subrogation Deferral is void or voidable for any reason, Guarantor agrees, notwithstanding any acts or omissions by Buyer agrees that Guarantor’s 's rights of subrogation against Seller Borrowers or Buyer Lender and Guarantor’s 's right of subrogation against any Security shall at all times be junior and subordinate to Buyer’s Lender's rights against Seller Borrowers and to Buyer’s Lender's right, title, title and interest in such Security.
Appears in 1 contract
Samples: Unlimited Guaranty of Payment (Kranzco Realty Trust)
Effect of Invalidation. To the extent that a court of competent jurisdiction determines that Guarantor’s 's Subrogation Deferral is void or voidable for any reason, Guarantor agrees, notwithstanding any acts or omissions by the Buyers or the Buyer Agent, that Guarantor’s 's rights of subrogation against Seller or Seller, the Buyer Agent and Guarantor’s 's right of subrogation against any Security shall at all times be junior and subordinate to Buyer’s the Buyer Agent's rights against Seller and to Buyer’s the Buyer Agent's right, title, and interest in such Security.
Appears in 1 contract
Samples: Guaranty (Anthracite Capital Inc)