Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 70 contracts
Samples: Guaranty Agreement (Nexpoint Diversified Real Estate Trust), Completion Guaranty Agreement (Lodging Fund REIT III, Inc.), Limited Recourse Guaranty Agreement
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 34 contracts
Samples: Guaranty (Alexanders Inc), Guaranty of Recourse Obligations (Alexanders Inc), Limited Recourse Guaranty (Generation Income Properties, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other partyPerson, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 15 contracts
Samples: Guaranty (Ashford Hospitality Trust Inc), Guaranty (Ashford Hospitality Trust Inc), Guaranty (Ashford Hospitality Trust Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 13 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.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, the Class A Member hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrowerthe Class A Member, the Company, any Subsidiary or any other party, party against Lender the Class B Member or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 10 contracts
Samples: Loan Agreement (W2007 Grace Acquisition I Inc), Bad Boy Guaranty (W2007 Grace Acquisition I Inc), Mandatory Redemption Guaranty (W2007 Grace Acquisition I Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender Buyer hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of BorrowerSeller, or any other party, against Lender Buyer or against payment of the Guaranteed Obligations, other than payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 8 contracts
Samples: Guaranty Agreement (Colony NorthStar Credit Real Estate, Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, any Borrower or any other party, Person against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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)
Guaranteed Obligations Not Reduced by Offset. The Note, the Guaranteed Obligations Obligations, and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 8 contracts
Samples: Guaranty (Gc Net Lease Reit, Inc.), Guaranty (Inland American Real Estate Trust, Inc.), Guaranty (Inland American Real Estate Trust, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other partyPerson, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 8 contracts
Samples: Guaranty and Indemnity Agreement, Guaranty and Indemnity Agreement, Guaranty and Indemnity Agreement (Ashford Hospitality Trust Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and Guarantor’s obligations of Guarantor to Lender hereunder, shall hereunder are not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, a Loan Party or any other party, Person against Lender a Secured Party or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 5 contracts
Samples: Guaranty (Exantas Capital Corp.), Guaranty (ACRES Commercial Realty Corp.), Guaranty (ACRES Commercial Realty Corp.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise, other than with respect to the defense of payment of the Guaranteed Obligations.
Appears in 5 contracts
Samples: Guaranty of Recourse Obligations (TPG RE Finance Trust, Inc.), Guaranty of Recourse Obligations (TPG RE Finance Trust, Inc.), Guaranty of Recourse Obligations (TPG RE Finance Trust, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrowerany Borrower (except for the defense of the payment of the Guaranteed Obligations), or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Third Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Guaranty Agreement (Morgans Hotel Group Co.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (other than a defense based upon the actual payment or performance of the Guaranteed Obligations sought to be enforced) of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Guaranty Agreement (Maguire Properties Inc), Guaranty Agreement (Maguire Properties Inc), Guaranty Agreement (Maguire Properties Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender Lender, or any other party, or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Guaranty (Kilroy Realty, L.P.), Guaranty (Trade Street Residential, Inc.), Guaranty (Trade Street Residential, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (other than a defense based upon the actual payment or performance of the Guaranteed Obligations sought to be enforced) of either Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 3 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed ObligationsObligations (other than the defense of payment or that the obligations are not as claimed), whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 3 contracts
Samples: Guaranty of Recourse Obligations (Bloomin' Brands, Inc.), Guaranty of Recourse Obligations (Bloomin' Brands, Inc.), Guaranty of Recourse Obligations (Bloomin' Brands, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, any one or both of the Borrowers or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other partyparty (other than the defense of payment), against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 3 contracts
Samples: Guaranty Agreement (Global Net Lease, Inc.), Mezzanine Guaranty Agreement (New York REIT, Inc.), Guaranty Agreement (New York REIT, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower or any Individual Borrower, Operating Lessee or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, any Loan Party (except the defense of the payment of the Guaranteed Obligations) or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other partyparty (excluding the defense of payment and performance of the Guaranteed Obligations), against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 3 contracts
Samples: Guaranty Agreement (ACRES Commercial Realty Corp.), Completion Guaranty Agreement (ACRES Commercial Realty Corp.), Carry Guaranty Agreement (ACRES Commercial Realty Corp.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, Landlord hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Tenant or any other party, party against Lender Landlord or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 3 contracts
Samples: Lease (Edible Garden AG Inc), Lease (Terra Tech Corp.), Guaranty (Terra Tech Corp.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower (other than the defense of payment of such Guaranteed Obligation by Borrower), or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty Agreement (Bh Re LLC), Guaranty Agreement (Bh Re LLC)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of BorrowerBorrower (except the defense of payment), or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty of Recourse Obligations (reAlpha Tech Corp.), Guaranty of Recourse Obligations (reAlpha Tech Corp.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or Obligations, the transactions creating the Guaranteed Obligations) Obligations or otherwise.
Appears in 2 contracts
Samples: Guaranty (Infousa Inc), Guaranty (Infousa Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Guarantor, Borrower, any other Loan Party or any other party, against Lender or against payment or performance of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of BorrowerBorrower or Operating Lessee, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty Agreement (Park Hotels & Resorts Inc.), Guaranty Agreement (Park Hotels & Resorts Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, any or all of the Borrowers or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty of Recourse Obligations (Horizon Group Properties Inc), Guaranty of Recourse Obligations (Horizon Group Properties Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower (other than the defense of payment of such Guaranteed Obligations by Borrower), or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty Agreement (Harrahs Entertainment Inc), Guaranty Agreement (Bh Re LLC)
Guaranteed Obligations Not Reduced by Offset. The Notes, the Guaranteed Obligations and the liabilities and obligations of Guarantor Support Provider to Lender Indenture Trustee hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of BorrowerIssuer, or any other party, against Lender Indenture Trustee or any other party or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty (American Finance Trust, Inc), Guaranty (American Finance Trust, Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty of Completion and Non Recourse Carve Outs (Sentio Healthcare Properties Inc), Guaranty (Moody National REIT I, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Note, the Guaranteed Obligations Obligations, and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Carveout Guaranty (Whitestone REIT), Carveout Guaranty (Strategic Student & Senior Housing Trust, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other partyparty (except by Borrower’s or Guarantor’s performance of such obligations and then only to the extent of such performance), against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty Agreement (Capitalsource Inc), Guaranty Agreement (Capitalsource Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, Person against Lender or against payment of the Guaranteed ObligationsObligations (other than the defense of actual payment of the Guaranteed Obligations or the applicable portion thereof), whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty (Ionis Pharmaceuticals Inc), Guaranty (Ionis Pharmaceuticals Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, any Borrower (except the defense of the payment of the Guaranteed Obligations) or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Loan Agreement (Morgans Hotel Group Co.), Closing Guaranty of Completion (Morgans Hotel Group Co.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender the Bank hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrowerany Account Party, or any other party, against Lender the Bank or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, Lenders hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender Lenders or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty Agreement (Centro NP LLC)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations (except for the defense of payment of the Guaranteed Obligations), whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty (Glimcher Realty Trust)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (other than payment in full) of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Completion Guaranty (Bh Re LLC)
Guaranteed Obligations Not Reduced by Offset. The Note, the Guaranteed Obligations Obligations, and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (except the defense of Borrower, payment and performance) of Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.of
Appears in 1 contract
Samples: Guaranty Agreement (Inland Diversified Real Estate Trust, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of each Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of any Mortgage Borrower, any Mezzanine Borrower, any Trans Lessee or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty (Ventas Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender Trustee hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of BorrowerIssuers, or any other party, against Lender Trustee or any Noteholder or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Guaranteed Obligations Not Reduced by Offset. The Subject to Section 2.10 hereof, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and Guarantors’ obligations of Guarantor to Lender hereunder, shall hereunder are not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, a Loan Party or any other party, Person against Lender a Secured Party or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, Agent and Lenders hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender Agent and/or Lenders or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty of Recourse Carveouts (Hilton Worldwide Holdings Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of each Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise, other than payment in full of the Loan or other Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (Assisted 4 Living, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations . and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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Guaranteed Obligations Not Reduced by Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor Principal to Lender Noteholder hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future offset, claim or defense of BorrowerAssumptor, or any other party, against Lender Noteholder or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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Samples: Limited Payment Guaranty (Inland Diversified Real Estate Trust, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender Trustee hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of BorrowerIssuer, or any other party, against Lender Trustee or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of each Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, any Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (except payment) of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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Guaranteed Obligations Not Reduced by Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder, Creditor hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of BorrowerDebtor, or any other party, against Lender Creditor, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise, except as specifically permitted by the Note.
Appears in 1 contract
Samples: Guaranty (Naturade Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed ObligationsObligations (other than a defense of actual payment or performance of the Guaranteed Obligations hereunder), whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty Agreement (Cim Real Estate Finance Trust, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunderLender, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of a Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise, other than the defense of actual payment or actual performance.
Appears in 1 contract
Samples: Non Recourse Guaranty (Net Element International, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender Buyer hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of BorrowerSeller, or any other party, against Lender Buyer or against payment of the Guaranteed Obligations, other than payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty (Gramercy Capital Corp)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Property Owner, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, Seller hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (excluding the defense of Borrower, actual payment or performance of the Guaranteed Obligations or other liabilities and obligations) of Buyer or any other party, party against Lender Seller or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Cottonwood Multifamily Opportunity Fund, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, Note B Holder hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, Guarantors hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, party against Lender the Administrative Agent or Lenders or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty Agreement (Altitude International Holdings, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Guarantor, Borrower, Operating Lessee, any other Loan Party or any other party, against Lender or against payment or performance of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of BorrowerBorrower (other than the defense of payment in full and satisfaction of the Guaranteed Obligations in question), or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty Agreement (Hcp, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.. EXHIBIT B – PAGE 2
Appears in 1 contract
Samples: Loan Agreement
Guaranteed Obligations Not Reduced by Offset. The Except as otherwise provided in the Lease, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of BorrowerLessee, or any other party, against Lender Lessor or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
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Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower, Borrower or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Mezzanine Guaranty Agreement (Inland Residential Properties Trust, Inc.)
Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of any Borrower, or any other party, against Lender or against payment of the Guaranteed Obligations, whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty Agreement (Inland American Real Estate Trust, Inc.)