Common use of Guaranty Default Clause in Contracts

Guaranty Default. (a) As used herein, the term Guaranty Default shall mean one or more of the following events (subject to applicable cure periods): (i) the failure of Guarantor to pay the amounts required to be paid hereunder at the times specified herein; (ii) the failure of Guarantor to observe and perform any covenants, conditions or agreement on its part to be observed or performed, other than as referred to in Subsection (i) above, for a period of thirty (30) days after written notice of such failure has been given to Guarantor by Lessor, unless Lessor agrees in writing to an extension of such time prior to its expiration; (iii) the occurrence of an Event of Default under the Master Lease or any of the other Transaction Documents. (b) Upon the occurrence of a Guaranty Default, Lessor shall have the right to bring such actions at law or in equity, including appropriate injunctive relief, as it deems appropriate to compel compliance, payment or deposit, and among other remedies to recover its reasonable attorneys’ fees in any proceeding, including any appeal therefrom and any post-judgement proceedings.

Appears in 2 contracts

Samples: Guaranty (Adcare Health Systems Inc), Guaranty (Adcare Health Systems Inc)

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Guaranty Default. (a) As used herein, the term Guaranty Default shall mean one or more of the following events (subject to applicable cure periods): (i) the failure of Guarantor to pay the amounts required to be paid hereunder at the times specified herein; (ii) the failure of Guarantor to observe and perform any covenants, conditions or agreement on its part to be observed or performedperformed under the Lease Documents, other than as referred to in Subsection (i) above, for a period of thirty (30) days after written notice of such failure has been given to Guarantor by LessorLandlord, unless Lessor Landlord agrees in writing to an extension of such time prior to its expiration; (iii) the occurrence of an Event of Default under the Master Lease or any of the other Transaction Documents. (b) Upon the occurrence of a Guaranty Default, Lessor Landlord shall have the right to bring such actions at law or in equity, including appropriate injunctive relief, as it deems appropriate to compel compliance, payment or deposit, and among other remedies to recover its reasonable attorneys' fees in any proceeding, including any appeal therefrom and any post-judgement judgment proceedings.

Appears in 1 contract

Samples: Guaranty (Diversicare Healthcare Services, Inc.)

Guaranty Default. (a) As used herein, the term Guaranty Default shall mean one or more of the following events (subject to applicable cure periods): (i) the failure of any Guarantor to pay the amounts required to be paid hereunder at the times specified herein; (ii) the failure of any Guarantor to observe and perform any covenants, conditions or agreement on its part to be observed or performed, other than as referred to in Subsection (i) above, for a period of thirty (30) days after written notice of such failure has been given to Guarantor Guarantors by Lessor, unless Lessor agrees in writing to an extension of such time prior to its expiration; (iii) the occurrence of an Event of Default a default under the Master Lease or any of the other Transaction Documentsguaranty between Lessor and any Guarantor. (b) Upon the occurrence of a Guaranty Default, Lessor shall have the right to bring such actions at law or in equity, including appropriate injunctive relief, as it deems appropriate to compel compliance, payment or deposit, and among other remedies to recover its reasonable attorneys' fees in any proceeding, including any appeal therefrom and any post-post- judgement proceedings.

Appears in 1 contract

Samples: Guaranty (Advocat Inc)

Guaranty Default. (a) As used herein, the term Guaranty Default shall mean one or more of the following events (subject to applicable cure periods): (i) the failure of Guarantor to pay the amounts required to be paid hereunder at the times specified herein;. (ii) the failure of Guarantor to observe and perform any covenants, conditions covenants condition or agreement on its part to be observed or performed, other than as referred to in Subsection (i) above, for a period of thirty (30) days after written notice of such failure has been given to Guarantor by LessorLessors, unless Lessor agrees Lessors agree in writing to an extension of such time prior to its expiration; (iii) the occurrence of an Event of Default a default under the Master Lease or any of the other Transaction Documentsguaranty between a Lessor and Guarantor. (b) Upon the occurrence of a Guaranty Default, Lessor Lessors shall have the right to bring such actions at law or in equity, including appropriate injunctive relief, as it deems appropriate to compel compliance, payment or deposit, and among other remedies to recover its reasonable attorneys' fees in any proceeding, including any appeal therefrom and any post-judgement proceedings.

Appears in 1 contract

Samples: Lease Guaranty (Alterra Healthcare Corp)

Guaranty Default. (a) As used herein, the term Guaranty Default shall mean one or more of the following events (subject to applicable cure periods): (i) the failure of any Guarantor to pay the amounts required to be paid hereunder at the times specified herein; (ii) the failure of any Guarantor to observe and perform any covenants, conditions or agreement on its part to be observed or performed, other than as referred to in Subsection (i) above, for a period of thirty (30) days after written notice of such failure has been given to Guarantor Guarantors by Lessor, unless Lessor agrees in writing to an extension of such time prior to its expiration; (iii) the occurrence of an Event of Default a default under the Master Lease or any of the other Transaction Documentsguaranty between Lessor and any Guarantor. (b) Upon the occurrence of a Guaranty Default, Lessor shall have the right to bring such actions at law or in equity, including appropriate injunctive relief, as it deems appropriate to compel compliance, payment or deposit, and among other remedies to recover its reasonable attorneys' fees in any proceeding, including any appeal therefrom and any post-judgement proceedings.

Appears in 1 contract

Samples: Settlement Agreement (Omega Healthcare Investors Inc)

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Guaranty Default. (a) As used herein, the term Guaranty Default shall mean one or more of the following events (subject to applicable cure periods): (i) the failure of Guarantor to pay the amounts required to be paid hereunder at the times specified herein; (ii) the failure of Guarantor to observe and perform any covenants, conditions or agreement on its part to be observed or performed, other than as referred to in Subsection (i) above, for a period of thirty (30) days after written notice of such failure has been given to Guarantor by Lessor, unless Lessor agrees in writing to an extension of such time prior to its expiration; (iii) the occurrence of an Event of Default a default under the Master Lease or any of the other Transaction Documentsguaranty between Lessor and Guarantor. (b) Upon the occurrence of a Guaranty Default, Lessor shall have the right to bring such actions at law or in equity, including appropriate injunctive relief, as it deems appropriate to compel compliance, payment or deposit, and among other remedies to recover its reasonable attorneys' fees in any proceeding, including any appeal therefrom and any post-judgement proceedings.

Appears in 1 contract

Samples: Settlement Agreement (Omega Healthcare Investors Inc)

Guaranty Default. (a) As used herein, the term Guaranty Default shall mean one or more of the following events (subject to applicable cure periods): (i) the failure of Guarantor to pay the amounts required to be paid hereunder at the times specified herein; (ii) the failure of Guarantor to observe and perform any covenants, conditions or agreement on its part to be observed or performed, other than as referred to in Subsection (i) above, for a period of thirty (30) days after written notice of such failure has been given to Guarantor by Lessor, unless Lessor agrees in writing to an extension of such time prior to its expiration; (iii) the occurrence of an Event of Default under the Master Lease Lease, the Loan Agreement, the Note, or any of the other Transaction Documents. (b) Upon the occurrence of a Guaranty Default, Lessor shall have the right to bring such actions at law or in equity, including appropriate injunctive relief, as it deems appropriate to compel compliance, payment or deposit, and among other remedies to recover its reasonable attorneys' fees in any proceeding, including any appeal therefrom and any post-post judgement proceedings.

Appears in 1 contract

Samples: Guaranty (Ensign Group, Inc)

Guaranty Default. (a) As used herein, the term Guaranty Default shall mean one or more of the following events (subject to applicable cure periods): (i) the failure of Guarantor to pay the amounts required to be paid hereunder at the times specified herein;. (ii) the failure of Guarantor to observe and perform any covenants, conditions covenants condition or agreement on its part to be observed or performed, other than as referred to in Subsection (i) above, for a period of thirty (30) days after written notice of such failure has been given to Guarantor by LessorLessors, unless Lessor agrees Lessors agree in writing to an extension of such time prior to its expiration;; -7- (iii) the occurrence of an Event of Default a default under the Master Lease or any of the other Transaction Documentsguaranty between a Lessor and Guarantor. (b) Upon the occurrence of a Guaranty Default, Lessor Lessors shall have the right to bring such actions at law or in equity, including appropriate injunctive relief, as it deems appropriate to compel compliance, payment or deposit, and among other remedies to recover its reasonable attorneys' fees in any proceeding, including any appeal therefrom and any post-judgement proceedings.

Appears in 1 contract

Samples: Lease Guaranty (Alterra Healthcare Corp)

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