GUARANTY TERM Sample Clauses

GUARANTY TERM. The obligations and liabilities of Guarantor under this Guaranty Agreement shall remain in full force and effect, notwithstanding the release of the Note, the Mortgage or the other Loan Documents, until such time as the Note has been paid in full and the principal, prepayment fee (as defined in the Note), if any, and interest on the Note and all other amounts due and owing Lender under the Loan Documents have been paid in full and all obligations of Borrower have been performed in full.
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GUARANTY TERM. The guaranty term hereunder is two years from the contract validity date to expiration of debts fulfillment validity under the master contract. Once Party A agrees with the debt extension validity, the guaranty term is two years from the guaranty term and expiration date of debts fulfillment validity re-stipulated by the extension agreement; once Party B announces in-advanced maturity of debts according to the master contract, the guaranty term is two years from the guaranty term to in-advanced maturity date of debts announced by Party B; in case of debts fulfillment by installment under the master contract, the guaranty term for each stage debts is two years after the expiration date of the last phase of debts fulfillment validity.
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GUARANTY TERM. Guarantor's obligations hereunder shall be limited to Guaranteed Rent accruing during a period commencing on the commencement of each of an Existing Lease and shall continue in effect as set forth below: (a) The Guaranty Term (the "Guaranty Term") shall be the period commencing on the Effective Date and ending on the later to occur of: (i) the date on which the last Existing Lease becomes a Converted Lease; or (ii) the last day of the "Guaranty Term" as defined in that certain Guaranty from Guarantor to HPT TRS MI-135, INC. of even date herewith (the "Priorities Guaranty"). (b) Notwithstanding any term or provision to the contrary contained herein, this Guaranty shall terminate in its entirety on the occurrence of a transfer of any interest in any property subject to an Existing Lease by Landlord to a Person who meets any one or more of the criteria set forth in Section 15.1(i) through (iv) of the Existing Leases. Within fifteen (15) Business Days of its receipt of a written request therefor from Landlord, Guarantor agrees that it will advise Landlord in writing whether or not Guarantor would declare this Guaranty terminated due to the occurrence of an event set forth hereinabove. Any such written request from Landlord must contain such information as may be reasonably necessary for Guarantor to determine if such event would occur, including all information necessary for Guarantor to determine if any of the events set forth in Section 15.1(i) through (iv) of the Existing Leases would occur.
Sample 1
GUARANTY TERM. The guaranty term hereunder shall be from the effective date hereof to two years after expiration of the credit extension within the credit term under the Master Contract. During the guaranty term, if Party A transfers its creditor’s right to any third party de jure, Party B shall continue to bear guaranty liability within the original scope of guaranty.
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GUARANTY TERM. (a) The Guaranty Term (the "Guaranty Term") shall be the period commencing on the Effective Date and ending on the earlier to occur of: (i) the date on which the Aggregate Amount Funded by Guarantor as of such date equals or exceeds the Guaranty Limit; or (ii) the last day of the first Tenant's First Priority Coverage Period for which Tenant's First Priority Coverage equals or exceeds 1.3; or (iii) 11:59 p.m. on December 31, 2005. (b) To confirm that the Aggregate Amount Funded by Guarantor hereunder equals or exceeds the Guaranty Limit, Guarantor shall send a notice (the "Guaranty Limit Notice") to Tenant which notice shall include (a) a statement from Guarantor's independent outside auditor affirming that such auditor has reviewed the Aggregate Amount Funded determination of Guarantor and has found no material errors or omissions therein, (b) a certificate of an officer of Guarantor affirming the accuracy and completeness of Aggregate Amount Funded determination of Guarantor, and (c) a copy of the calculation of the Aggregate Amount Funded determination of Guarantor. Tenant, at its sole cost and expense (except as provided hereinbelow), shall be entitled to perform an independent audit to confirm the accuracy of any such determination submitted by Guarantor, provided Tenant provides notice to Guarantor of its intent to perform such audit within ninety (90) days after Guarantor's giving of the Guaranty Limit Notice to Tenant. If Tenant timely notifies Guarantor of its intent to audit, such audit shall be commenced not later than ninety (90) days after Tenant's giving of notice of its intent to audit to Guarantor, and completed within a commercially reasonable period of time thereafter, provided, however, that Tenant shall have such longer period to complete such audit as may be reasonably required as a result of Guarantor's or its Affiliates' failure or delay in cooperating as reasonably requested by Tenant in connection with such audit. If such independent audit establishes that the Aggregate Amount Funded by Guarantor did not equal or exceed the Guaranty Limit, the Guaranty Term shall not end pursuant to clause (i) of this Section 3, but shall continue, subject nevertheless to all of the terms and conditions hereof (including without limitation this Section 3) and, unless such Guaranty Term Notice was inaccurate due to incorrect or incomplete material provided by Tenant, the reasonable third-party costs of such audit shall be borne by Guarantor. (c) To ...
Sample 1
GUARANTY TERM. The term of this Guaranty (the “Guaranty Term”) shall be the period commencing on the Effective Date and ending on the earliest to occur of: 1. the first date on which the Aggregate Amount Funded equals the Guaranty Funding Limit; 2. the date the Guaranty Funding Limit equals zero; 3. the date on which the last of the Leases terminates pursuant to the terms thereof, other than a termination due to an Event of Default by Tenant (except that Rent accrued up to the date of such termination and unpaid shall be and remain guaranteed amounts hereunder until paid); and 4. the date of a transfer of the Leases to a Permitted Third-Party Assignee pursuant to Section 16.1 of the Leases. Notwithstanding the foregoing, a termination of this Guaranty in accordance with (1) or (2) above shall become null and void and this Guaranty shall recommence on any date that an Equity Event occurs after such termination (such Equity Event, a “Triggering Equity Event”); provided, that the sum of (i) the initial Guaranty Funding Limit; (ii) the Triggering Equity Event and (iii) all other Equity Events and Triggering Equity Events hereunder does not exceed $9,999,999; provided, further, that the Guaranty shall at all times be subject to the Guaranty Funding Limit.
Sample 1
GUARANTY TERM. The term of this Guaranty (the "Guaranty Term") shall be the period commencing on the Effective Date and ending on the earliest to occur of: 1. the first date on which the Aggregate Amount Funded equals the Guaranty Funding Limit; 2. the date the Guaranty Funding Limit equals zero; 3. the date on which the last of the Leases terminates pursuant to the terms thereof, other than a termination due to an Event of Default by Tenant (except that Rent accrued up to the date of such termination and unpaid shall be and remain guaranteed amounts hereunder until paid); and 4. the date of a transfer of the Leases to a Permitted Third-Party Assignee pursuant to Section 16.1 of the Leases.
Sample 1
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GUARANTY TERM. A. The term of this Guaranty (the “Guaranty Term”) shall be the period commencing on the Effective Date and ending on the earliest to occur of: 1. the first date on which the Aggregate Amount Funded equals the Guaranty Funding Limit, subject to the provisions of Section 3.C below; 2. December 31, 2006; 3. the date on which any Transfer of the fee interest in the Hotel Property occurs to any Person that is not an Affiliate of CNL, or any other Transfer of the Hotel Property occurs in violation of Section 15 of the Hotel Lease; 4. the date on which Landlord is a Person which is not an Affiliate of CNL, or any sale, assignment, transfer or other disposition, for value or otherwise, voluntary or involuntary, by merger, operation of law or otherwise, in a single transaction or a series of transactions, of any interest in Landlord or any Person having an interest, directly or indirectly, in Landlord, occurs in violation of Section 15 of the Hotel Lease; or 5. the date on which a termination of the Hotel Lease occurs pursuant to the terms of the Hotel Lease, other than a termination due to an Event of Default by Tenant (except that Minimum Rent and applicable Late Charges accrued up to the date of such termination and unpaid shall be and remain guaranteed amounts hereunder until paid). B. To confirm that the Aggregate Amount Funded equals or exceeds the Guaranty Funding Limit, Guarantor shall send a notice (the “Guaranty Funding Limit Notice”) to Landlord, which notice shall include (a) a certificate of an officer of Guarantor affirming the accuracy and completeness of the Aggregate Amount Funded determination of Guarantor, and (b) a copy of the calculation of the Aggregate Amount Funded determination of Guarantor. Landlord, at its sole cost and expense (except as provided hereinbelow), shall be entitled to perform an independent audit to confirm the accuracy of any such determination submitted by Guarantor, provided Landlord provides notice to Guarantor of its intent to perform such audit within ninety (90) days after Guarantor’s giving of the Guaranty Funding Limit Notice to Landlord. If Landlord timely notifies Guarantor of its intent to audit, such audit shall be commenced not later than ninety (90) days after Landlord’s giving of notice of its intent to audit to Guarantor, and completed within a commercially reasonable period of time thereafter; provided, however, that Landlord shall have such longer period to complete such audit as may be reasonably require...
Sample 1
GUARANTY TERM. The “Guaranty Term” shall refer to the period of time that the ADNR has any interest in the ADNR CD (and any proceeds, replacements, or income from the same), whether via the ADNR Pledge or otherwise.
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Related to GUARANTY TERM

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

  • Term of Guaranty This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement.

  • Guaranty Agreement FOR VALUE RECEIVED, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the agreement of BC Holdings, LLC (the "Developer") to permit deferral of the $574,000 due from Catoosa Senior Village, L.P., a Georgia limited partnership ("Debtor") to the Developer, the undersigned Guarantor(s), hereby unconditionally guarantees the full and prompt payment when due, whether by acceleration or otherwise of that certain Developer Fee from Debtor to the Developer, evidenced by the Development Fee Agreement dated the even date herewith, and incorporated herein by this reference. The foregoing described debt is referred to hereinafter as the "Liabilities" or "Liability." The undersigned further agree to pay all expenses paid or incurred by the Debtor or Developer in endeavoring to collect the Liabilities, or any part thereof, and in enforcing the Liabilities or this Guaranty Agreement (including reasonable attorneys' fees if collected or enforced by law or through an attorney-at-law). The undersigned hereby represents and warrants that the extension of credit or other financial accommodations by the Developer to Debtor will be to the interest and advantage of the undersigned, and acknowledges that this Guaranty Agreement is a substantial inducement to the Developer to extend credit to Debtor and that the Developer would not otherwise extend credit to Debtor. Debtor or Developer may, from time to time, without notice to or consent of the undersigned, (a) retain or obtain a security interest in any property to secure any of the Liabilities or any obligation hereunder, (b) retain or obtain the primary or secondary liability of any party or parties, in addition to the undersigned, with respect to any of the Liabilities and (c) resort to the undersigned for payment of any of the Liabilities, whether or not the Debtor or Developer shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have preceded against any other party primarily or secondarily liable on any of the Liabilities. Debtor and Developer must mutually agree to (a) extend or renew for any period this Agreement (whether or not longer than the original period) or alter any of the Liabilities, (b) release or compromise any Liability of the undersigned hereunder or any Liability of any other party or parties primarily or secondarily liable on any of the Liabilities, or (c) release, compromise or subordinate its title or security interest, or any part thereof, if any, in all or any property now or hereafter securing any of the Liabilities or any obligation hereunder, and permit any substitution or exchange for any such property,

  • Guaranty Absolute, etc This Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until all Obligations of each Borrower and each other Obligor have been paid in full in cash, all obligations of the Guarantor hereunder shall have been paid in full in cash, all Letters of Credit have been terminated or expired and all Commitments shall have terminated. The Guarantor guarantees that the Obligations of each Borrower and each other Obligor will be paid strictly in accordance with the terms of the Credit Agreement and each other Loan Document under which they arise, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of any Secured Party or any holder of any Note with respect thereto. The liability of the Guarantor under this Guaranty shall be absolute, unconditional and irrevocable irrespective of: (a) any lack of validity, legality or enforceability of the Credit Agreement, any Note or any other Loan Document; (b) the failure of any Secured Party or any holder of any Note (i) to assert any claim or demand or to enforce any right or remedy against a Borrower, any other Obligor or any other Person (including any other guarantor (including the Guarantor)) under the provisions of the Credit Agreement, any Note, any other Loan Document or otherwise, or (ii) to exercise any right or remedy against any other guarantor (including the Guarantor) of, or collateral securing, any Obligations of a Borrower or any other Obligor; (c) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations of a Borrower or any other Obligor, or any other extension, compromise or renewal of any Obligation of a Borrower or any other Obligor; (d) any reduction, limitation, impairment or termination of any Obligations of a Borrower or any other Obligor for any reason, including any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to (and the Guarantor hereby waives any right to or claim of) any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality, nongenuineness, irregularity, compromise, unenforceability of, or any other event or occurrence affecting, any Obligations of a Borrower, the Guarantor, any other Obligor or otherwise; (e) any amendment to, rescission, waiver, or other modification of, or any consent to departure from, any of the terms of the Credit Agreement, any Note or any other Loan Document; (f) any addition, exchange, release, surrender or non-perfection of any collateral, or any amendment to or waiver or release or addition of, or consent to departure from, any other guaranty, held by any Secured Party or any holder of any Note securing any of the Obligations of a Borrower or any other Obligor; or (g) any other circumstance which might otherwise constitute a defense available to, or a legal or equitable discharge of, a Borrower, any other Obligor, any surety or any guarantor.

  • Termination of Guaranty The obligations of any Guarantor under this Guaranty shall automatically terminate in accordance with Section 9.14 of the Credit Agreement.

  • Guaranty Absolute Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Loan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of any Secured Party with respect thereto. The Obligations of each Guarantor under or in respect of this Guaranty are independent of the Guaranteed Obligations or any other Obligations of any other Loan Party under or in respect of the Loan Documents, and a separate action or actions may be brought and prosecuted against each Guarantor to enforce this Guaranty, irrespective of whether any action is brought against the Borrower or any other Loan Party or whether the Borrower or any other Loan Party is joined in any such action or actions. The liability of each Guarantor under this Guaranty shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any lack of validity or enforceability of any Loan Document or any agreement or instrument relating thereto; (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Guaranteed Obligations or any other Obligations of any other Loan Party under or in respect of the Loan Documents, or any other amendment or waiver of or any consent to departure from any Loan Document, including, without limitation, any increase in the Guaranteed Obligations resulting from the extension of additional credit to any Loan Party or any of its Subsidiaries or otherwise; (c) any taking, exchange, release or non-perfection of any Collateral or any other collateral, or any taking, release or amendment or waiver of, or consent to departure from, any other guaranty, for all or any of the Guaranteed Obligations; (d) any manner of application of Collateral or any other collateral, or proceeds thereof, to all or any of the Guaranteed Obligations, or any manner of sale or other disposition of any Collateral or any other collateral for all or any of the Guaranteed Obligations or any other Obligations of any Loan Party under the Loan Documents or any other assets of any Loan Party or any of its Subsidiaries; (e) any change, restructuring or termination of the corporate structure or existence of any Loan Party or any of its Subsidiaries; (f) any failure of any Secured Party to disclose to any Loan Party any information relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any other Loan Party now or hereafter known to such Secured Party (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information); (g) the failure of any other Person to execute or deliver this Guaranty, any Guaranty Supplement or any other guaranty or agreement or the release or reduction of liability of any Guarantor or other guarantor or surety with respect to the Guaranteed Obligations; or (h) any other circumstance (including, without limitation, any statute of limitations) or any existence of or reliance on any representation by any Secured Party that might otherwise constitute a defense available to, or a discharge of, any Loan Party or any other guarantor or surety. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by any Secured Party or any other Person upon the insolvency, bankruptcy or reorganization of the Borrower or any other Loan Party or otherwise, all as though such payment had not been made.

  • The Guaranty Each of the Guarantors hereby jointly and severally guarantees to each Lender, the L/C Issuer and each other holder of Obligations as hereinafter provided, as primary obligor and not as surety, the prompt payment of the Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration, as a mandatory cash collateralization or otherwise) strictly in accordance with the terms thereof. The Guarantors hereby further agree that if any of the Obligations are not paid in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration, as a mandatory cash collateralization or otherwise), the Guarantors will, jointly and severally, promptly pay the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Obligations, the same will be promptly paid in full when due (whether at extended maturity, as a mandatory prepayment, by acceleration, as a mandatory cash collateralization or otherwise) in accordance with the terms of such extension or renewal. Notwithstanding any provision to the contrary contained herein or in any other of the Loan Documents or the other documents relating to the Obligations, the obligations of each Guarantor under this Agreement and the other Loan Documents shall not exceed an aggregate amount equal to the largest amount that would not render such obligations subject to avoidance under applicable Debtor Relief Laws.

  • Credit Agreement; Guarantee and Collateral Agreement The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

  • Subsidiary Guaranty The Subsidiary Guaranty shall have been duly authorized, executed and delivered by each Subsidiary Guarantor, shall constitute the legal, valid and binding contract and agreement of each Subsidiary Guarantor and such Purchaser shall have received a true, correct and complete copy thereof.

  • Guaranty of the Obligations Subject to the provisions of Section 7.2, Guarantors jointly and severally hereby irrevocably and unconditionally guaranty to Administrative Agent for the ratable benefit of the Beneficiaries the due and punctual payment in full of all Obligations when the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)) (collectively, the “Guaranteed Obligations”).

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