Guaranty of Performance. Guarantor also hereby unconditionally and irrevocably guarantees to Lender the timely performance of all other Obligations under all of the Loan Documents, including, without limiting the generality of the foregoing: (a) make all deposits required under the terms of the Loan Agreement and the other Loan Documents, as and when required; (b) promptly pay in full and discharge all Property Assessments (as that term is defined in the Mortgage) prior to the day upon which the same shall become delinquent (subject to the terms of the Mortgage regarding permitted contests of such Property Assessments); (c) pay, at or before the times required by the Loan Documents, the premiums on all policies of insurance required to be maintained under the terms of the Loan Documents; and (d) duly and punctually perform and observe all other terms, covenants and conditions of the Note, the Loan Agreement, the Mortgage, the Environmental Agreement, all other Loan Documents, and any Swap Contract. Guarantor represents warrants and covenants that the Loan Agreement and all Loan Documents have been duly authorized and executed by the signatories hereto (other than Lender) and are legal, valid and binding instruments, enforceable against such parties in accordance with their respective terms. The liability and obligations under this Section 2 shall not be limited or restricted by the existence of, or any terms of, the guaranty of payment under Section 1 hereof or any of the other Guaranteed Obligations set forth herein.
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Samples: Limited Guaranty Agreement, Limited Guaranty Agreement (Inland Diversified Real Estate Trust, Inc.)
Guaranty of Performance. The Guarantor also hereby unconditionally and irrevocably guarantees to Lender the timely Administrative Agent and the Lenders the complete performance when due of all other Obligations of the Borrower under all of the Loan Documents, including, without limiting the generality of the foregoing, all such Obligations of the Borrower to:
(a) make Make all deposits required under the terms of the Loan Credit Agreement and the other Loan Documents, as and when required;
(b) promptly Promptly pay in full and discharge all Property Assessments (as that term is defined in the Mortgage) property assessments prior to the day upon which the same shall become delinquent (subject to the terms of the Mortgage regarding permitted contests of such Property Assessmentsproperty assessments);
(c) payPay, at or before the times required by the Loan Documents, the premiums on all policies of insurance required to be maintained under the terms of the Loan Documents; and
(d) duly Duly and punctually perform and observe all other terms, covenants and conditions of the Note, the Loan Credit Agreement, the Mortgage, the Environmental Agreement, all other Loan Documents, and any Swap Contract. Guarantor represents warrants and covenants that the Loan Agreement and all Loan Documents have been duly authorized and executed by the signatories hereto (other than Lender) and are legal, valid and binding instruments, enforceable against such parties in accordance with their respective terms. The liability and foregoing obligations guaranteed under this Section 2 shall not be limited or restricted by are defined as the existence of, or any terms of, the guaranty of payment under Section 1 hereof or any "Guaranteed Performance Obligations”. The Guaranteed Performance Obligations are included as part of the other Guaranteed Obligations set forth hereinfor all purposes of this Guaranty.
Appears in 1 contract
Samples: Guaranty Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Guaranty of Performance. (a) Guarantor also hereby unconditionally and irrevocably guarantees to Lender the timely complete performance when due of all other Obligations of Borrower under all of the Loan Documents, including, without limiting the generality of the foregoing, all such Obligations of Borrower to:
(ai) make Make all deposits (if any) required under the terms of the Loan Agreement and the other Loan Documents, as and when required;
(bii) promptly Promptly pay in full and discharge all Property Assessments (as that term is defined in the MortgageDeed of Trust) prior to the day upon which the same shall become delinquent (subject to the terms of the Mortgage Deed of Trust regarding permitted contests of such Property Assessments);
(ciii) payPay, at or before the times required by the Loan Documents, the premiums on all policies of insurance required to be maintained under the terms of the Loan Documents; and
(div) duly Duly and punctually perform and observe all other terms, covenants and conditions of the Note, the Loan Agreement, the MortgageDeed of Trust, the Environmental Agreement, all other Loan Documents, and any Swap Contract. Guarantor represents warrants and covenants that The foregoing obligations guaranteed under this Section 2(a) are defined as the Loan Agreement and “Guaranteed Performance Obligations.” The Guaranteed Performance Obligations are included as part of the Guaranteed Obligations for all Loan Documents have been duly authorized and executed by the signatories hereto purposes of this Guaranty.
(other than Lenderb) and are legal, valid and binding instruments, enforceable against such parties in accordance with their respective terms. The liability and obligations under this Section 2 shall not be limited or restricted by the existence of, or any terms of, the guaranty of payment under Section 1 hereof or any of the other Guaranteed Obligations set forth herein1.
Appears in 1 contract
Samples: Guaranty Agreement (Inland Diversified Real Estate Trust, Inc.)