Common use of Familiarity and Reliance Clause in Contracts

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 75 contracts

Samples: Completion Guaranty Agreement (Lodging Fund REIT III, Inc.), Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc)

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Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 69 contracts

Samples: Guaranty (Alexanders Inc), Guaranty of Recourse Obligations (Alexanders Inc), Guaranty Agreement (Nexpoint Diversified Real Estate Trust)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; provided, however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 25 contracts

Samples: Guaranty (Ashford Hospitality Trust Inc), Guaranty (Ashford Hospitality Trust Inc), Guaranty (Ashford Hospitality Trust Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral granted, or intended to be created granted, as security for the payment of Indebtedness or the Note or Guaranteed Obligations; provided, however, Guarantor is not relying on such financial condition or the such collateral as an inducement to enter into this Guaranty.

Appears in 15 contracts

Samples: Guaranty (Stratus Properties Inc), Guaranty (Parkway, Inc.), Non Recourse Carveout Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)

Familiarity and Reliance. Each Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 11 contracts

Samples: Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Generation Income Properties, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the each Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or the Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 8 contracts

Samples: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or payment and performance of the Guaranteed Obligations; provided, however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 8 contracts

Samples: Guaranty, Guaranty (Owens Realty Mortgage, Inc.), Guaranty (Owens Realty Mortgage, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsDebt; provided, however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 8 contracts

Samples: Guaranty of Non Recourse Carveouts (Independence Realty Trust, Inc), Guaranty of Non Recourse Carveouts (Independence Realty Trust, Inc), Guaranty of Non Recourse Carveouts (Independence Realty Trust, Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, with the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 7 contracts

Samples: Mezzanine Guaranty Agreement (Five Point Holdings, LLC), Guaranty Agreement (Five Point Holdings, LLC), Guaranty Agreement (Harrahs Entertainment Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note Notes or Guaranteed ObligationsDebt; provided, however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 6 contracts

Samples: Loan Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc), Guaranty Agreement (Natural Gas Services Group Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrower, and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the such collateral as an inducement to enter into this Guaranty.

Appears in 6 contracts

Samples: Guaranty and Indemnity Agreement, Guaranty and Indemnity Agreement, Guaranty and Indemnity Agreement (Ashford Hospitality Trust Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsDebt; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 5 contracts

Samples: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.)

Familiarity and Reliance. The Guarantor is familiar with, and has independently reviewed the books and records regarding, regarding the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however. Notwithstanding the foregoing, the Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.Guarantee;

Appears in 5 contracts

Samples: Guarantee, Guarantee (Gryphon Gold Corp), Guarantee (Santa Fe Gold CORP)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral granted, or intended to be created granted, as security for the payment of the Note or Guaranteed ObligationsIndebtedness; provided, however, Guarantor is not relying on such financial condition or the such collateral as an inducement to enter into this Guaranty.

Appears in 4 contracts

Samples: Guaranty (New York REIT, Inc.), Guaranty (New York REIT, Inc.), Guaranty (New York REIT, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, regarding the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 4 contracts

Samples: Guaranty (Kilroy Realty, L.P.), Guaranty (Trade Street Residential, Inc.), Guaranty (Trade Street Residential, Inc.)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrowers and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 4 contracts

Samples: Guaranty Agreement (Morgans Hotel Group Co.), First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Third Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and each other Loan Party and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 4 contracts

Samples: Guaranty Agreement (MGM Resorts International), Guaranty Agreement (MGM Resorts International), Guaranty Agreement (BRE Select Hotels Corp)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created used as security for the payment of the Note or Guaranteed Obligations; howeverand other Indebtedness. However, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this GuarantyGuaranty Agreement.

Appears in 4 contracts

Samples: Guaranty Agreement (Moody National REIT I, Inc.), Limited Guaranty Agreement (Moody National REIT I, Inc.), Guaranty Agreement (Moody National REIT I, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrower, Operating Lessee and each other Loan Party and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 4 contracts

Samples: Guaranty Agreement (CorePoint Lodging Inc.), Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrowers and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsObligation; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 4 contracts

Samples: Guaranty Agreement (Morgans Hotel Group Co.), Third Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)

Familiarity and Reliance. Each Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and Operating Lessee and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 3 contracts

Samples: Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.)

Familiarity and Reliance. Each Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrowers and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 3 contracts

Samples: Guaranty of Recourse Obligations (American Realty Capital Hospitality Trust, Inc.), Real Estate Sale Agreement (W2007 Grace Acquisition I Inc), Real Estate Sale Agreement (American Realty Capital Hospitality Trust, Inc.)

Familiarity and Reliance. Guarantor is familiar with, with and has independently reviewed books and records regarding, regarding the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; provided, however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 3 contracts

Samples: Carveout Guaranty (Whitestone REIT), Carveout Guaranty (Strategic Student & Senior Housing Trust, Inc.), Carveout Guaranty (New York City REIT, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, with the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 3 contracts

Samples: Assumption and Loan Modification Agreement (Moody National REIT I, Inc.), Guaranty (Moody National REIT I, Inc.), Guaranty (Moody National REIT I, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and Operating Lessee and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 3 contracts

Samples: Guaranty Agreement (New York REIT, Inc.), Guaranty Agreement (Park Hotels & Resorts Inc.), Guaranty Agreement (Park Hotels & Resorts Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrowers and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 3 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsDebt; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.;

Appears in 3 contracts

Samples: Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed each of the Loan Documents and the books and records regarding, regarding the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note Loan or the Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 3 contracts

Samples: Guaranty Agreement (ACRES Commercial Realty Corp.), Carry Guaranty Agreement (ACRES Commercial Realty Corp.), Completion Guaranty Agreement (ACRES Commercial Realty Corp.)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower each Loan Party and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or the Guaranteed Obligations; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 3 contracts

Samples: Guaranty of Completion (Morgans Hotel Group Co.), Guaranty of Completion (Morgans Hotel Group Co.), Third Mezzanine Closing Guaranty of Completion (Morgans Hotel Group Co.)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 2 contracts

Samples: Guaranty of Recourse Obligations (reAlpha Tech Corp.), Guaranty of Recourse Obligations (reAlpha Tech Corp.)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed the books and records regarding, regarding the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however. Notwithstanding the foregoing, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.Guarantee;

Appears in 2 contracts

Samples: Loan Agreement (Uranium Resources Inc /De/), Bridge Loan Agreement (Uranium Resources Inc /De/)

Familiarity and Reliance. Each Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, no Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 2 contracts

Samples: Guaranty (Assisted 4 Living, Inc.), Guaranty (GMH Communities Trust)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the each Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or the Guaranteed Obligations; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 2 contracts

Samples: Closing Guaranty of Completion (Morgans Hotel Group Co.), Loan Agreement (Morgans Hotel Group Co.)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsDebt; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 2 contracts

Samples: Guaranty (Carter Validus Mission Critical REIT, Inc.), Guaranty (Grubb & Ellis Healthcare REIT II, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Company and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsDebt; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.;

Appears in 2 contracts

Samples: Guaranty Agreement (Terra Energy & Resource Technologies, Inc.), Guaranty Agreement (Terra Energy & Resource Technologies, Inc.)

Familiarity and Reliance. Each Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsDebt; however, no Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this GuarantyGuaranty Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral Collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral Collateral as an inducement to enter into this Guaranty.

Appears in 2 contracts

Samples: Mezzanine Guaranty Agreement (Inland Residential Properties Trust, Inc.), Mezzanine Guaranty Agreement (Inland Real Estate Income Trust, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created used as security for the payment of the Note or Guaranteed and other Obligations; however. However, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this GuarantyGuaranty Agreement.

Appears in 2 contracts

Samples: Guaranty Agreement (STW Resources Holding Corp.), Guaranty Agreement (STW Resources Holding Corp.)

Familiarity and Reliance. The Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrowers and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note Loans or Guaranteed Obligations; however, the Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 2 contracts

Samples: Guaranty (Emrise CORP), Guaranty (Emrise CORP)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.. USActive 32932202.9 -8-

Appears in 1 contract

Samples: Guaranty (Sothebys)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed the books and records regarding, regarding the financial condition of the Borrower Maker and is familiar with the value of any and all collateral or security intended to be created given as security for the payment of the Note or the Guaranteed ObligationsDebt; provided, however, that Guarantor is not relying on such financial condition or the collateral or security as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty (Pacific Sunwear of California Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of each of the Borrower Account Parties and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Bonds, the Promissory Notes and the other Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty (Wellsford Real Properties Inc)

Familiarity and Reliance. The Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Company and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsDebt; however, the Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.Agreement;

Appears in 1 contract

Samples: Amendment No. 1 and Waiver Agreement (Enhance Financial Services Group Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligationsand Liabilities; provided, however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this GuarantyGuaranty Agreement.

Appears in 1 contract

Samples: Credit Agreement (Midcoast Energy Resources Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrower, and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty (Capital Trust Inc)

Familiarity and Reliance. The Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral Collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsNotes and the Liabilities; provided, however, the Guarantor is not relying on such financial condition or the collateral Collateral as an inducement to enter into this Guaranty.Guaranty Agreement;

Appears in 1 contract

Samples: Guaranty (Harken Energy Corp)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Issuers and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note Notes or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Kerzner International LTD)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower each Obligor and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.Guaranty Agreement;

Appears in 1 contract

Samples: Global Senior Credit Agreement (Prologis)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Limited Recourse Guaranty (Generation Income Properties, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the each Borrower and is familiar with the value of any and all collateral Collateral intended to be created as security for the payment of the Note Obligations under the Loan Documents or payment and performance of the Guaranteed Obligations; provided, however, Guarantor is not relying on such financial condition or the collateral Collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

Familiarity and Reliance. The Guarantor is familiar with, and has ------------------------ independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral Collateral intended to be created as security for the payment of the Note or Guaranteed Obligationsand the Liabilities; provided, however, the Guarantor is not relying on such financial condition or the collateral Collateral as an inducement to enter into this Guaranty.Guaranty Agreement;

Appears in 1 contract

Samples: Guaranty Agreement (Pendaries Petroleum LTD)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrower, and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Loan Obligations and the Guaranteed Obligations; however, as between Administrative Agent, Lenders and Guarantor, Guarantor is not relying on such information, or the financial condition or of Borrower, the collateral or any other condition, as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Carveout Guaranty (Trinity Place Holdings Inc.)

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Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for of the payment of the Note or Guaranteed Obligationsand other Indebtedness; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this GuarantyAgreement.

Appears in 1 contract

Samples: Commercial Guaranty Agreement (Independent Bank Group Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrowers and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note Notes or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Inland American Real Estate Trust, Inc.)

Familiarity and Reliance. The Guarantor is familiar ------------------------ with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligationsand Liabilities; provided, however, the Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this GuarantyGuaranty Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Neon Systems Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed the books and records regarding, the financial condition of the Borrower Borrowers and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however. Notwithstanding the foregoing, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.;

Appears in 1 contract

Samples: Guaranty (Dakota Mining Corp)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the each Borrower and is familiar with the value of any and all collateral Collateral intended to be created as security for the payment of the Note Obligations under the Loan Documents or payment and performance of the Guaranteed Obligations; provided, however, Guarantor is not relying on such financial condition or the collateral Collateral as an inducement to enter into this Guaranty.. EXHIBIT E-2 – CBL 4873-9001-7310\2

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; provided, however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty. Guarantor has received copies of the Loan Documents.

Appears in 1 contract

Samples: Non Recourse Guaranty (Net Element International, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral Collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral Collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Mezzanine Guaranty Agreement (TNP Strategic Retail Trust, Inc.)

Familiarity and Reliance. Each Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrowers and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note Loans or Guaranteed Obligations; however, each Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty (Emrise CORP)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsDebt; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.; Section

Appears in 1 contract

Samples: Unconditional Guaranty Agreement

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed the books and records regarding, regarding the financial condition of the Borrower and is familiar with the value of the Borrower and any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however. Notwithstanding the foregoing, Guarantor is not relying on such financial condition or the any collateral as an inducement to enter into this Guaranty. Guarantor has reviewed the Purchase Agreement and the other Purchase Documents and acknowledges notice of the terms, conditions and provisions of each such document.

Appears in 1 contract

Samples: Guaranty Agreement (Matrix Bancorp Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with 90526306v6 the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Inland Diversified Real Estate Trust, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and the Owner and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty (Ampal-American Israel Corp)

Familiarity and Reliance. Each Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note Obligations or Guaranteed Obligations; however, no Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Altitude International Holdings, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and Property Owner and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (ESH Hospitality, Inc.)

Familiarity and Reliance. Guarantor Each Guarantors is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsDebt; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.Guaranty Agreement;

Appears in 1 contract

Samples: Revolving Credit Agreement (Cross Timbers Oil Co)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed each of the Loan Documents and the books and records regarding, regarding the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or the Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Medical Billing Assistance, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Tenant and is familiar with the value of any and all collateral granted, or intended to be created granted, as security for the payment of the Note or Guaranteed Obligations; provided, however, Guarantor is not relying on such financial condition or the such collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Lease Guaranty (Life Time Fitness Inc)

Familiarity and Reliance. Guarantor is familiar with, with and has independently reviewed books and records regarding, regarding the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment and performance of the Note Guaranteed Obligations or any portion of the Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty (TNP Strategic Retail Trust, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and Equity Owner and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Mezzanine Guaranty Agreement (New York REIT, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note B or the Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.. ·

Appears in 1 contract

Samples: Guaranty of Recourse Obligations (Bluerock Residential Growth REIT, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower each Debtor and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty (Naturade Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Indemnification & Liability (CURO Group Holdings Corp.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Buyer and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cottonwood Multifamily Opportunity Fund, Inc.)

Familiarity and Reliance. Each Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is Guarantors are not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsDebt; however, it being understood that such Guarantor is not relying on such financial condition or the such collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Prologis, L.P.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the each Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty of Recourse Obligations (Ventas Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and each other Loan Party and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or the Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Cgen Digital Media Co LTD)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower Borrower, and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the such collateral as an inducement to enter into this Guaranty.,

Appears in 1 contract

Samples: Guaranty and Indemnity Agreement (Ashford Hospitality Trust Inc)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed ObligationsRecourse Obligations of Borrower; however, Guarantor is not relying on such financial condition or the such collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty of Recourse Obligations (Maguire Properties Inc)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral granted, or intended to be created granted, as security for the payment of Indebtedness or the Note or Guaranteed Obligations; provided, however, such Guarantor is not relying on such financial condition or the such collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty (American Realty Capital - Retail Centers of America, Inc.)

Familiarity and Reliance. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or the Guaranteed Obligations; however, Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Maguire Properties Inc)

Familiarity and Reliance. Such Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of the Borrower and is familiar with the value of any and all collateral intended to be created as security for the payment of the Note or Guaranteed Obligations; however, such Guarantor is not relying on such financial condition or the collateral as an inducement to enter into this Guaranty.

Appears in 1 contract

Samples: Indemnity Guaranty (Katapult Holdings, Inc.)

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