GUARANTY OF LEASE. THIS GUARANTY OF LEASE (“Guaranty”) is entered into as of July 5, 2019, by Ascend Wellness Holdings, LLC, an Illinois limited liability company (“Guarantor”), for the benefit of LCR 1014 EASTPORT PLAZA, LLC (“Lessor”), with reference to the following facts: Lessor and HealthCentral Illinois Holdings, LLC (“Lessee”), have entered or will enter into a lease of even date herewith (the “Lease”). Capitalized terms used but not otherwise defined herein shall have the same meaning ascribed to them in the Lease. By its covenants herein set forth, Guarantor has induced Lessor to enter into the Lease, which was made and entered into in consideration for Guarantor’s said covenants. Subject to the terms set forth herein, Guarantor unconditionally guarantees, without deduction by reason of setoff, defense or counterclaim, to Lessor and its successors and assigns the full and punctual payment (and not merely the collectability), performance and observance by Lessee, of all of the amounts, terms, covenants and conditions in the Lease contained on Lessee’s part to be paid, kept, performed and observed. Notwithstanding the foregoing, in no event shall the scope of Guarantor’s obligations exceed Lessee’s obligations under the Lease except to the extent Lessee is relieved of any such obligation by reason of any bankruptcy or other like filing or order. If Lessee shall at any time default in the punctual payment, performance and observance of any of the amounts, terms, covenants or conditions in the Lease contained on Lessee’s part to be paid, kept, performed and observed (after applicable notice and cure period), Guarantor will pay, keep, perform and observe same, as the case may be, in the place and stead of Lessee. Guarantor shall also pay to Lessor all reasonable and necessary incidental damages and expenses incurred by Lessor as a direct and proximate result of Lessee’s failure to perform, which expenses shall include reasonable attorneys’ fees and interest on all sums due and owing Lessor by reason of Lessee’s failure to pay same, at the maximum rate allowed by law. Any act of Lessor, or its successors or assigns, consisting of a waiver of any of the terms or conditions of the Lease, the giving of any consent to any matter or thing relating to the Lease, or the granting of any indulgence or extension of time to Lessee may be done without notice to Guarantor and without releasing Guarantor from any of its obligations hereunder. The obligations of Guarantor hereunder shal...
GUARANTY OF LEASE. For valuable consideration, the receipt of which is hereby acknowledged, and to induce MGM Real Estate Group Inc., a Florida corporation (herein referred to as “Landlord”) to enter into Commercial Lease with The Early Learning Coalition of Flagler and Volusia Counties, Inc . (the “Tenant”), pursuant to a Commercial Lease agreement on the premises located at 000 Xxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxxx 00000, that the Tenant has executed simultaneous herewith (the “Lease”), the undersigned (the “Guarantor”), having a direct financial interest in the Tenant, guarantees to Landlord the full and prompt payment of rent and all other sums required to be paid by Tenant under the lease, and the full and faithful performance of all terms, conditions, obligations and agreements of the tenant contained in the lease. This is an unconditional guaranty. Upon default by Xxxxxx, the obligations of Tenant with respect to the Lease shall apply to Guarantor as if Guarantor had been the original tenant on the Lease. Guarantor’s obligations pursuant to this guaranty shall be independent of the obligation of the Tenant and a separate action or actions may be brought and maintained against Guarantor whether or not action is brought against the Tenant. Guarantor agrees to pay the reasonable attorney fees and all other reasonable costs and expenses which may be incurred by Landlord in the enforcement of this guaranty. This Guaranty constitutes the entire agreement between Guarantor and Landlord and supercedes all prior written and oral agreements and understandings with respect to the subject matter hereof between Guarantor and Landlord. This Guaranty cannot be changed, modified or terminated orally. This guaranty is a continuing one, and all liabilities to which it applies or may apply under the terms hereof shall be conclusively presumed to have been created in reliance hereon. The obligations of the Guarantor hereunder shall be binding upon his successors, representatives, estates and assigns and shall inure to the benefit of the Landlord’s successors and assigns. Guarantor hereby authorizes Landlord, without notice or demand, and without affecting Guarantor’s liability hereunder, to renew, comprise, extend, modify or otherwise change the terms of the Lease. It is the intention of the parties that the laws of the State of Florida shall govern the validity of this Guaranty and the construction of its terms. Guarantor agrees that the appropriate jurisdiction and venue for any and...
GUARANTY OF LEASE. The Landlord has entered into this Lease in reliance upon the Unconditional Guaranty of Payment and Performance by the Guarantor in favor of Landlord dated of even date herewith (the "Guaranty"), pursuant to which the Guarantor has unconditionally guaranteed all of the obligations of the Tenant under this Lease, including without limitation the covenants of Tenant in Sections 4.4 and Section 4.6 hereof, and all of the additional covenants of Tenant in Article 20 hereof.
GUARANTY OF LEASE. THIS GUARANTY OF LEASE is made as of the 25th day of July, 2016, by JFROG LTD., an Israeli Corporation (“Guarantor”), in favor of 270 E. Caribbean LLC (“Landlord”). In consideration of the sum of $10.00 paid by Landlord to the undersigned, and as an inducement to the execution of the Lease by Landlord, Guarantor, intending to be legally bound hereby (and hereby acknowledging that it has a material economic or other interest in Tenant and/or the operations of Tenant and shall therefore derive substantial benefit from Landlord’s and Xxxxxx’s entry into the Lease), absolutely and unconditionally, jointly and severally, guarantees the prompt, complete, and full and punctual payment, observance, and performance of all the terms, covenants, and conditions provided to be paid, kept, and performed by the tenant under that certain Lease (such lease, as amended, being herein referred to as the “Lease”), dated of even date herewith between Landlord and JFrog, Inc., a Delaware corporation, as Tenant (“Tenant”), covering certain premises located at 000 Xxxx Xxxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000, and all renewals, amendments, expansions, and modifications of the Lease. Guarantor agrees that this Guaranty shall be binding upon Guarantor without any further notice of acceptance hereof, and that same shall be deemed to have been accepted by the execution of the Lease; and that immediately upon each and every default by Tenant under the Lease, Guarantor shall pay to Landlord the sum or sums in default and shall comply with and perform all the terms, covenants and conditions of the Lease that are binding upon Tenant pursuant to the Lease. Guarantor expressly waives (a) presentment for payment, demand, notice of demand and dishonor, protest, and notice of protest and nonpayment or nonperformance of the obligations; and (b) diligence in: (i) enforcing payment or performance of, or collecting, the obligations; (ii) exercising its rights or remedies under the Lease; or (iii) bringing suit against Tenant or any other party. Landlord shall be under no obligation: (a) to notify Guarantor of: (i) its acceptance of this Guaranty; or (ii) the failure of Tenant to timely pay or perform any of the obligations. To the full extent allowed by applicable law, Guarantor waives all defenses: (a) given to sureties or guarantors at law or in equity, other than the actual payment and performance of the obligations; and (b) based upon questions as to the validity, legality, or enforceabili...
GUARANTY OF LEASE. Letter of Credit Agreement and Development Agreement dated as of April 29, 1997 by the Guarantor in favor of NHP.
GUARANTY OF LEASE. In consideration of the execution of a certain lease dated February 1, 2000, for premises located at Block 23, Lot 2.04 in the Township of Union, Hunterdon County, New Jersey by and between Premiere Development, L.L.C. (“Landlord”) and INO Therapeutics, Inc. (“Lessee”), the undersigned AGA AB, X-000 00 Xxxxxxx, Xxxxxx, (“Guarantor”), hereby, jointly and severally, guarantees unto said Landlord, and its successors and assigns, the punctual payment by the Lessee named in said lease of all rents and other payments payable or at any time falling due under said Lease or any extension or renewal thereof made pursuant to any option or right of said Lessee in said Lease, and the full, faithful and punctual performance by said Lessee of all the covenants, agreements and provisions contained in said Lease on the part of said Lessee theein to be done, paid, performed or observed prior to our during the term of said Lease or any such extension of time or other modification by said Landlord and Lessee, pursuant to written agreement, with respect to any of the covenants, agreements and/or provisions of said Lease, or any such extension or renewal of said Lease by said Landlord, or consent by said Landlord to any assignment by said Lessee of said Lease and/or such extension or renewal thereof, or subletting by said Lessee under said Lease and/or any such extension or renewal thereof, and no acceptance by said Landlord of any one or more checks, notes, bills or other commercial paper, with or without any party or parties thereto, or other property on account, or in payment, of and/or as security for, any rent or other payment to be paid by said Landlord with said Lessee under settlement or compromise made by said Landlord with said Lessee with respect to any such payment, and no other favor or indulgence granted or shown to said Lessee by said Landlord; shall in any way affect the liabilities of the undersigned hereunder, or in any way release the undersigned from the obligations under the terms of this guarantee, PROVIDED, HOWEVER, that said Guarantor shall have any right of set-off or defense under its Guarantor obligations contained herein based on the partial or complete performance of Lessee’s Lease obligations. The undersigned hereby waives demand and notice of default or of nonpayment and all and every demand on notice, and all suretyship defenses. It is covenanted between the parties hereto that wherever the context herein so requires or admits the term “Landlord”...
GUARANTY OF LEASE. 75 21.27 Guaranty of ARC-Related Leases....................................................................75
GUARANTY OF LEASE. No Guaranty of Lease is made a part hereof.
GUARANTY OF LEASE. In order to induce Landlord to execute this Lease, Tenant has agreed to deliver to Landlord a Restated Guaranty of Lease, in the form attached hereto as Exhibit E, from Willxxx X. Xxxxxx, Xxbexx X. Xxxxxx xxx Petex X. Xxxxxxx.
GUARANTY OF LEASE. THIS GUARANTY OF LEASE, dated as of , by and from , a having an address at (“Guarantor”), with respect to that certain Second Amended and Restated Master Lease Agreement No. 5, dated as of [ , 2016] (the “Lease”), between Ventas Realty, Limited Partnership, a Delaware limited partnership (“Lessor”), and Kindred Healthcare, Inc., a Delaware corporation and Kindred Healthcare Operating, Inc., a Delaware corporation (collectively, “Tenant”), covering the Leased Properties (as defined in the Lease) identified therein, including, without limitation, that certain Leased Property more particularly described on Exhibit A attached hereto (the “Premises”), all or a portion of which is subleased by Tenant to Guarantor.
