Common use of GUARANTY OF LEASE Clause in Contracts

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” shall include the Landlord’s successors and assigns, and the term “

GUARANTY OF LEASE. In consideration This Guaranty of Lease (this “Guaranty”), dated as of , 20 , is made by , a (together with any entity succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, “Guarantor”) for the benefit of VENTAS REALTY, LIMITED PARTNERSHIP, a Delaware limited partnership (herein together with its respective successors and assigns as owners of the execution of a certain lease dated February 1property hereinafter described, 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. (called “Landlord”) and INO Therapeutics). Landlord, [Kindred Healthcare, Inc., a Delaware corporation formerly known as Vencor, Inc. (“LesseeKindred”), the undersigned AGA ABand Kindred Healthcare Operating, X-000 00 XxxxxxxInc., Xxxxxxa Delaware corporation formerly known as Vencor Operating, Inc. (“GuarantorOperator” and, together with Kindred, “Tenant”)]1 are parties to that certain Amended and Restated Master Lease Agreement No. 5 dated as of September 30, 2013 (as may have been or may be amended from time to time, the “Lease”), herebypursuant to which, jointly and severallyeffective as of the Effective Date (as defined therein), guarantees unto said Landlord, and its successors and assignsTenant has leased or has agreed to lease from Landlord the Land described in the Lease, the punctual payment by improvements located on said Land and the Lessee named other components of the Leased Properties (collectively, the “Property”). Initially capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in said the Lease. In accordance with the provisions of the Lease, Tenant wishes to engage in a Kindred Change of Control Transaction whereby Guarantor shall become the Seniormost Parent and, as a condition to the consummation of such Kindred Change of Control Transaction, Guarantor has agreed to enter into this Guaranty. The lease of all rents and other payments payable the Property to Tenant is of direct benefit to Guarantor. This Guaranty reasonably may be expected to benefit, directly 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 Leaseindirectly, 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” shall include the Landlord’s successors and assigns, and the term “Guarantor.

GUARANTY OF LEASE. In consideration This Guaranty of Lease (this “Guaranty”), dated as of , 20 , is made by , a (together with any entity succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, “Guarantor”) for the benefit of VENTAS REALTY, LIMITED PARTNERSHIP, a Delaware limited partnership (herein together with its respective successors and assigns as owners of the execution of a certain lease dated February 1property hereinafter described, 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. (called “Landlord”) and INO Therapeutics). Landlord, [Kindred Healthcare, Inc., a Delaware corporation formerly known as Vencor, Inc. (“LesseeKindred”), the undersigned AGA ABand Kindred Healthcare Operating, X-000 00 XxxxxxxInc., Xxxxxxa Delaware corporation formerly known as Vencor Operating, Inc. (“GuarantorOperator” and, together with Kindred, “Tenant”)]1 are parties to that certain Second Amended and Restated Master Lease Agreement No. 5 dated as of [ , 2016] (as may have been or may be amended from time to time, the “Lease”), herebypursuant to which, jointly and severallyeffective as of the Effective Date (as defined therein), guarantees unto said Landlord, and its successors and assignsTenant has leased or has agreed to lease from Landlord the Land described in the Lease, the punctual payment by improvements located on said Land and the Lessee named other components of the Leased Properties (collectively, the “Property”). Initially capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in said the Lease. In accordance with the provisions of the Lease, Tenant wishes to engage in a Kindred Change of Control Transaction whereby Guarantor shall become the Seniormost Parent and, as a condition to the consummation of such Kindred Change of Control Transaction, Guarantor has agreed to enter into this Guaranty. The lease of all rents and other payments payable the Property to Tenant is of direct benefit to Guarantor. This Guaranty reasonably may be expected to benefit, directly 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 Leaseindirectly, 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” shall include the Landlord’s successors and assigns, and the term “Guarantor.

GUARANTY OF LEASE. In consideration This Guaranty of Lease (this “Guaranty”), dated as of , 20 , is made by , a (together with any entity succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, “Guarantor”) for the benefit of VENTAS REALTY, LIMITED PARTNERSHIP, a Delaware limited partnership (herein together with its respective successors and assigns as owners of the execution of a certain lease dated February 1property hereinafter described, 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. (called “Landlord”) and INO Therapeutics). Landlord, [Kindred Healthcare, Inc., a Delaware corporation formerly known as Vencor, Inc. (“LesseeKindred”), the undersigned AGA ABand Kindred Healthcare Operating, X-000 00 XxxxxxxInc., Xxxxxxa Delaware corporation formerly known as Vencor Operating, Inc. (“GuarantorOperator” and, together with Kindred, “Tenant”)]1 are parties to that certain Master Lease Agreement No. 5 dated as of May 23, 2012 (as may have been or may be amended from time to time, the “Lease”), herebypursuant to which, jointly and severallyeffective as of the Effective Date (as defined therein), guarantees unto said Landlord, and its successors and assignsTenant has leased or has agreed to lease from Landlord the Land described in the Lease, the punctual payment by improvements located on said Land and the Lessee named other components of the Leased Properties (collectively, the “Property”). Initially capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in said the Lease. In accordance with the provisions of the Lease, Tenant wishes to engage in a Kindred Change of Control Transaction whereby Guarantor shall become the Seniormost Parent and, as a condition to the consummation of such Kindred Change of Control Transaction, Guarantor has agreed to enter into this Guaranty. The lease of all rents and other payments payable the Property to Tenant is of direct benefit to Guarantor. This Guaranty reasonably may be expected to benefit, directly 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 Leaseindirectly, 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” shall include the Landlord’s successors and assigns, and the term “Guarantor.