Guaranteed Leases Sample Clauses

Guaranteed Leases. (a) Limited shall continue to guarantee the full amount of lease payments under each Guaranteed Lease until the date upon which any of the following occurs in respect of a Guaranteed Lease: (i) except as provided in Section 4(a), the initial lease term in respect of such Guaranteed Lease (excluding any renewals or extensions thereunder) expires, or such Guaranteed Lease earlier terminates according to its terms; (ii) except as provided in Section 4(a), such Guaranteed Lease is amended, extended or renewed; or (iii) except as provided in Section 4(a), the landlord under such Guaranteed Lease consents to any amendment to or waiver under the Guaranteed Lease. Upon the earliest to occur of any of the preceding with respect to any Guaranteed Lease and the effectuation of a release of any Guaranty relating thereto either by virtue of a Landlord’s written release or by operation of law, then Limited’s guarantee obligations in respect of such Guaranteed Lease shall immediately cease, and (i) if such lease is one of the leases identified in Schedule 7 hereto, then the same shall be deemed to have been deleted from said Schedule 7 and (ii) if such Lease is one of the Leases identified in Schedule 2 hereto, then such Lease shall no longer be deemed to be a Guaranteed Lease hereunder for purposes of the provisions hereof which relate to Guarantees, but the provisions of this Agreement otherwise shall remain applicable thereto and the same shall not be deleted from Schedule 2 hereto. (b) Limited shall have no obligation to provide any guarantee or other assurance for any lease or sublease entered into, modified or amended by Express after the date hereof or, except as provided in Section 4(a), for any renewal or extension of any Guaranteed Lease beyond the original Lease Term.
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Guaranteed Leases. The parties acknowledge and agree that there may be instances where Landlord or its Affiliates have guaranteed the obligations of Tenant or its Affiliates under certain leases, including without limitation those reflected in Schedule 14.3 (all of which are collectively referred to as the “Guaranteed Leases”). The parties agree to use their best efforts to remove Landlord or its Affiliates as guarantors of the Guaranteed Leases as promptly as practicable. Notwithstanding the foregoing, Tenant hereby agrees to indemnify and hold Landlord and its Affiliates harmless from any and all costs and expenses, including reasonable attorneys’ fees, incurred by Landlord and its Affiliates in connection with the Guaranteed Leases.
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Guaranteed Leases. (a) Schedule 5.33 contains a true, correct and complete list of all the Guaranteed Leases in effect on the Closing Date and the monthly base rents currently payable under such Guaranteed Leases, and except as described thereon, all such Guaranteed Leases are in full force and effect and no defaults by any tenant (and, to the knowledge of any Group Member, no defaults by any other third party) currently exist thereunder; and (b) There are no material obligations of the Borrower under the Guaranteed Leases other than the obligations of the Borrower as guarantor for rental payments under the Guaranteed Leases.
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Guaranteed Leases. The Borrower shall use commercially reasonable efforts to be released in full from all of its obligations arising under the Guaranteed Leases, and, upon any renewal or extension thereof, shall not renew, reaffirm or extend any of its guarantee obligations in relation thereto.
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Guaranteed Leases. Guaranteed Leases" has the meaning set forth in the recitals.
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Guaranteed Leases. Collectively, the "Guaranteed Leases," and respectively, a "Guaranteed Lease," are more particularly described upon Exhibit "A," attached hereto, and are otherwise identified as leases applicable to: (i) "Village Quilt Shop" (4,223 square feet of demised
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Guaranteed Leases. (a) On the terms herein described, and subject to the Term applicable to each of the Guaranteed Tenants, Guarantor hereby irrevocably and unconditionally guarantees as to each Guaranteed Lease for the Term (as applicable to that Guaranteed Lease), the payment of all Rent (as defined below) under the Guaranteed Lease and the payment of all Default Charges and Costs (as defined below) under the Guaranteed Lease to the extent described in subparagraph (c) below. For purposes of this Guaranty:
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Related to Guaranteed Leases

  • Guaranteed Indebtedness No Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except (a) by endorsement of instruments or items of payment for deposit to the general account of any Credit Party, and (b) for Guaranteed Indebtedness incurred for the benefit of any other Credit Party if the primary obligation is expressly permitted by this Agreement.

  • Guaranteed Obligations The Guarantor, in consideration of the execution and delivery of the Note Purchase Agreement and the purchase of the Notes by the Purchasers, hereby irrevocably, unconditionally and absolutely guarantees, on a continuing basis, to each Noteholder as and for the Guarantor’s own debt, until final and indefeasible payment of the amounts referred to in clause (a) below has been made: (a) the due and punctual payment by the Company of the principal of, and the Make-Whole Amount (if any) and interest on, the Notes at any time outstanding and the due and punctual payment of all other amounts payable, and all other Indebtedness owing, by the Company to the Noteholders under the Note Purchase Agreement and the Notes (including, without limitation, any monetary obligations incurred during the pendency of any bankruptcy, insolvency, winding-up, receivership or other similar proceeding regardless of whether allowed or allowable in such proceeding including, without limitation, interest accrued on the Notes during any such proceeding), in each case when and as the same shall become due and payable, whether at maturity, pursuant to mandatory or optional prepayment, by acceleration or otherwise, all in accordance with the terms and provisions hereof and thereof; it being the intent of the Guarantor that the guarantee set forth herein shall be a continuing guarantee of payment and not a guarantee of collection; and (b) the punctual and faithful performance, keeping, observance, and fulfillment by the Company of all duties, agreements, covenants and obligations of the Company contained in the Note Purchase Agreement and the Notes. All of the obligations set forth in clause (a) and clause (b) of this Section 2.1 are referred to herein as the “Guaranteed Obligations.”

  • Guarantied Obligations Each Guarantor, in consideration of the execution and delivery of the Note Purchase Agreement, the purchase of the Notes by the Purchasers and other consideration, hereby irrevocably, unconditionally, absolutely, jointly and severally guarantees, on a continuing basis, to each holder of Notes (each such holder being referred to herein as a "Noteholder" and, collectively, as the "Noteholders"), whether such Note has been issued, is being issued on the date hereof or is hereafter issued in compliance with the provisions of the Note Purchase Agreement, as and for each Guarantor's own debt, until final and indefeasible payment has been made in cash (a) the due and punctual payment of the principal of and accrued and unpaid interest (including, without limitation, interest which otherwise may cease to accrue by operation of any insolvency law, rule, regulation or interpretation thereof) and Make-Whole Amount, if any, and any other fees and expenses, on the Notes at any time outstanding and the due and punctual payment of all other amounts payable, and all other indebtedness owing, by the Company to the Noteholders under the Note Purchase Agreement and the Notes, in each case when and as the same shall become due and payable, whether at maturity, pursuant to optional prepayment, by acceleration or otherwise, all in accordance with the terms and provisions hereof and thereof, including, without limitation, overdue interest, indemnification payments and all reasonable costs and expenses incurred by the Noteholders in connection with enforcing any obligations of the Company under the Note Purchase Agreement and the Notes; it being the intent of each Guarantor that the guaranty set forth herein shall be a continuing guaranty of payment and not a guaranty of collection; and (b) the prompt and complete payment, on demand, of any and all reasonable costs and expenses incurred by the Noteholders in connection with enforcing the obligations of such Guarantor hereunder, including, without limitation, the reasonable fees and disbursements of the Noteholders' special counsel.

  • Prior Payment of Guaranteed Obligations In any proceeding under any Bankruptcy Law relating to any other Loan Party, each Guarantor agrees that the Secured Parties shall be entitled to receive payment in full in cash of all Guaranteed Obligations (including all interest and expenses accruing after the commencement of a proceeding under any Bankruptcy Law, whether or not constituting an allowed claim in such proceeding (“Post Petition Interest”)) before such Guarantor receives payment of any Subordinated Obligations.

  • Guaranty Obligations Unless otherwise specified, the amount of any Guaranty Obligation shall be the lesser of the principal amount of the obligations guaranteed and still outstanding and the maximum amount for which the guaranteeing Person may be liable pursuant to the terms of the instrument embodying such Guaranty Obligation.

  • Insured or Guaranteed Loans If any Loans being transferred pursuant to this Agreement, including the Shared-Loss Agreements, are insured or guaranteed by any department or agency of any governmental unit, federal, state or local, Assuming Institution represents that Assuming Institution has been approved by such agency and is an approved lender or mortgagee, as appropriate, if such approval is required. Assuming Institution further assumes full responsibility for determining whether or not such insurance or guarantees are in full force and effect on the date of this Agreement and with respect to those Loans whose insurance or guaranty is in full force and effect on the date of this Agreement, Assuming Institution assumes full responsibility for doing all things necessary to insure such insurance or guarantees remain in full force and effect. Assuming Institution agrees to assume all of the obligations under the contract(s) of insurance or guaranty, agrees to cooperate with the Receiver where necessary to complete forms required by the insuring or guaranteeing department or agency to effect or complete the transfer to Assuming Institution.

  • Reinstatement of Guarantied Obligations If claim is ever made on the Administrative Agent or any other Guarantied Party for repayment or recovery of any amount or amounts received in payment or on account of any of the Guarantied Obligations, and the Administrative Agent or such other Guarantied Party repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body of competent jurisdiction, or (b) any settlement or compromise of any such claim effected by the Administrative Agent or such other Guarantied Party with any such claimant (including the Borrower or a trustee in bankruptcy for the Borrower), then and in such event each Guarantor agrees that any such judgment, decree, order, settlement or compromise shall be binding on it, notwithstanding any revocation hereof or the cancellation of the Credit Agreement, any of the other Loan Documents, or any other instrument evidencing any liability of the Borrower, and such Guarantor shall be and remain liable to the Administrative Agent or such other Guarantied Party for the amounts so repaid or recovered to the same extent as if such amount had never originally been paid to the Administrative Agent or such other Guarantied Party.

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

  • Guaranty of the Obligations Subject to the provisions of Section 7.2, Guarantors jointly and severally hereby irrevocably and unconditionally guaranty to Administrative Agent for the ratable benefit of the Beneficiaries the due and punctual payment in full of all Obligations when the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)) (collectively, the “Guaranteed Obligations”).

  • Definition of Guaranteed Obligations As used herein, the term “Guaranteed Obligations” means:

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