Common use of Guaranteed Obligations Not Reduced by Offset Clause in Contracts

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 Person, 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 and Guarantor hereby waives and relinquishes, to the fullest extent permitted by applicable Legal Requirements, all rights and remedies to any defense, right of offset or other claim which Guarantor may have against Lender. Without limiting the foregoing or Guarantor's liability hereunder, to the extent that Lender advances funds or extends credit to Borrower, and does not receive payment thereon in the amounts and at the times required or provided by applicable agreements or Legal Requirements, Guarantor is absolutely liable to make such payments to Lender, on a timely basis.

Appears in 3 contracts

Samples: Guaranty (Owens Realty Mortgage, Inc.), Guaranty (IMH Financial Corp), Guaranty (Owens Realty Mortgage, Inc.)

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Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities Liabilities and obligations of Guarantor to Lender Secured Parties 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 Person, against Lender any Secured Party 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 and Guarantor hereby waives and relinquishes, to the fullest extent permitted by applicable Legal RequirementsLaw, all rights and remedies to by any defense, right of offset or other claim which Guarantor may have against Lenderany Secured Party. Without limiting the foregoing or Guarantor's ’s liability hereunder, to the extent that Lender advances Lenders advance funds or extends extend credit to any Borrower, and does do not receive payment thereon in the amounts and at the times required or provided by applicable agreements or Legal RequirementsLaws, Guarantor is absolutely liable to make such payments to LenderLenders, on a timely basis.

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

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