Common use of Indebtedness or Other Obligations of Guarantor Clause in Contracts

Indebtedness or Other Obligations of Guarantor. If Guarantor is or becomes liable for any Indebtedness owed by Borrower to Lender by endorsement or otherwise than under this Guaranty such liability shall not be in any manner impaired or affected by this Guaranty and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument or at law or in equity shall not preclude the concurrent or subsequent exercise of any right or remedy under any other instrument or at law or in equity, including the making of multiple demands hereunder. Further, without in any way diminishing or limiting the generality of the foregoing, it is specifically understood and agreed that this Guaranty is given by Guarantor as an additional guaranty to any and all guarantees as may heretofore have been or may hereafter be executed and delivered by Guarantor in favor of Lender, whether relating to the obligations of Borrower under the Loan Documents or otherwise, and nothing herein shall ever be deemed to replace or be in-lieu of any other such previous or subsequent guarantees.

Appears in 11 contracts

Samples: Guaranty (Stratus Properties Inc), Guaranty (American Realty Capital - Retail Centers of America, Inc.), Collateral Transfer and Settlement Agreement (KBS Real Estate Investment Trust, Inc.)

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Indebtedness or Other Obligations of Guarantor. If Guarantor is or becomes liable for any Indebtedness indebtedness owed by Borrower to Lender by endorsement or otherwise than under this Guaranty Guaranty, such liability shall not be in any manner impaired or affected by this Guaranty Guaranty, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument or at law or in equity shall not preclude the concurrent or subsequent exercise of any right or remedy under any other instrument or remedy at law or in equity, including equity and shall not preclude the making concurrent or subsequent exercise of multiple demands hereunderany other right or remedy. Further, without in any way diminishing or limiting the generality of the foregoing, it is specifically understood and agreed that this Guaranty is given by Guarantor as an additional guaranty to any and all guarantees as may heretofore have been or may hereafter be executed and delivered to Lender by Guarantor in favor of Lender, whether Lender relating to the indebtedness and obligations of Borrower under the Loan Documents or otherwiseto Lender, and nothing herein shall ever be deemed to replace or be in-in lieu of any other of such previous or subsequent guarantees.

Appears in 6 contracts

Samples: Loan and Security Agreement (Lexicon Pharmaceuticals, Inc.), Loan and Security Agreement (Lexicon Pharmaceuticals, Inc./De), Loan and Security Agreement (Equinix Inc)

Indebtedness or Other Obligations of Guarantor. If Guarantor is or becomes liable for any Indebtedness owed by Borrower to Lender by endorsement or otherwise otherwise, other than under this Guaranty Guaranty, such liability shall not be in any manner impaired or affected by this Guaranty and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument or at law or in equity shall not preclude the concurrent or subsequent exercise of any right or remedy under any other instrument or at law or in equity, including the making of multiple demands hereunder. Further, without in any way diminishing or limiting the generality of the foregoing, it is specifically understood and agreed that this Guaranty is given by Guarantor as an additional guaranty to any and all guarantees as may heretofore have been or may hereafter be executed and delivered by Guarantor in favor of Lender, whether relating to the obligations of Borrower under the Loan Documents or otherwise, and nothing herein shall ever be deemed to replace or be in-lieu of any other such previous or subsequent guarantees.

Appears in 5 contracts

Samples: Guaranty (Parkway, Inc.), Non Recourse Carveout Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Guaranty (Mezzanine Loan) (Toys R Us Inc)

Indebtedness or Other Obligations of Guarantor. If Guarantor is or becomes liable for any Indebtedness indebtedness owed by Borrower to the Lender by endorsement or otherwise than under this Guaranty Guaranty, such liability shall not be in any manner impaired or affected by this Guaranty Guaranty, and the rights of the Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by the Lender of any right or remedy hereunder or under any other instrument or at law or in equity shall not preclude the concurrent or subsequent exercise of any right or remedy under any other instrument or remedy at law or in equity, including equity and shall not preclude the making concurrent or subsequent exercise of multiple demands hereunderany other right or remedy. Further, without in any way diminishing or limiting the generality of the foregoing, it is specifically understood and agreed that this Guaranty is given by Guarantor as an additional guaranty to any and all guarantees as may heretofore have been or may hereafter be executed and delivered to the Lender by Guarantor in favor of Lender, whether the Lender relating to the indebtedness and obligations of Borrower under to the Loan Documents or otherwiseLender, and nothing herein shall ever be deemed to replace or be in-in lieu of any other of such previous or subsequent guarantees.

Appears in 1 contract

Samples: Completion, Payment and Performance Guaranty (Alexion Pharmaceuticals Inc)

Indebtedness or Other Obligations of Guarantor. If Guarantor is or becomes liable for any Indebtedness owed by Borrower to Lender by endorsement or otherwise than under this Guaranty such liability shall not be in any manner impaired or affected by this Guaranty and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument or instrument, at law or in equity shall not preclude the concurrent or subsequent exercise of any right or remedy available to Lender under any other instrument or instrument, at law or in equity, including the making of multiple demands hereunder. Further, without in any way diminishing or limiting the generality of the foregoing, it is specifically understood and agreed that this Guaranty is given by Guarantor as an additional guaranty to any and all guarantees as may heretofore have been or may hereafter be executed and delivered by Guarantor in favor of Lender, whether relating to the obligations of Borrower under the Loan Documents or otherwise, and nothing herein shall ever be deemed to replace or be in-lieu of any other such previous or subsequent guarantees.

Appears in 1 contract

Samples: Guaranty (Glimcher Realty Trust)

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Indebtedness or Other Obligations of Guarantor. If Guarantor is or becomes liable for any Indebtedness owed by Borrower to Lender by endorsement or otherwise otherwise, other than under this Guaranty Guaranty, such liability shall not be in any manner impaired or affected by this Guaranty and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument or at law or in equity shall not preclude the concurrent or subsequent exercise of any right or remedy under any other instrument or at law or in equity, including the making of multiple demands hereunder. Further, without in any way diminishing or limiting the generality of the foregoing, it is specifically understood and agreed that this Guaranty is given by Guarantor as an additional guaranty to any and all guarantees as may heretofore have been or may hereafter be executed and delivered by Guarantor in favor of Lender, whether relating to the obligations of Borrower under the Loan Documents or otherwise, and nothing herein shall ever be deemed to replace or be in-lieu of any other such previous or subsequent guarantees.. 7

Appears in 1 contract

Samples: Guaranty (Hartman Short Term Income Properties XX, Inc.)

Indebtedness or Other Obligations of Guarantor. If Guarantor is or becomes liable for any Indebtedness indebtedness owed by Borrower to Lender by endorsement or otherwise than under this Guaranty Guaranty, such liability shall not be in any manner impaired or affected by this Guaranty Guaranty, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument or at law or in equity shall not preclude the concurrent or subsequent exercise of any right or remedy under any other instrument or remedy at law or in equity, including equity and shall not preclude the making concurrent or subsequent exercise of multiple demands hereunderany other right or remedy. Further, without in any way diminishing or limiting the generality of the foregoing, it is specifically understood and agreed that this Guaranty is given by Guarantor as an additional guaranty to any and all guarantees as may heretofore have been or may guaranties hereafter be executed and delivered to Lender by Guarantor in favor of Lender, whether Lender relating to the obligations Obligations of Borrower under the Loan Documents or otherwiseto Lender, and nothing herein shall ever be deemed to replace or be in-in lieu of any other of such previous or subsequent guaranteesguaranties.

Appears in 1 contract

Samples: Guaranty (IMH Financial Corp)

Indebtedness or Other Obligations of Guarantor. If Guarantor is or becomes liable for any Indebtedness owed by Borrower to Lender by endorsement or otherwise than under this Guaranty such liability shall not be in any manner impaired or affected by this Guaranty and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument or at law or in equity shall not preclude the concurrent or subsequent exercise of any right or remedy available to Lender under any other instrument or at law or in equity, including the making of multiple demands hereunder. Further, without in any way diminishing or limiting the generality of the foregoing, it is specifically understood and agreed that this Guaranty is given by Guarantor as an additional guaranty to any and all guarantees as may heretofore have been or may hereafter be executed and delivered by Guarantor in favor of Lender, whether relating to the obligations of Borrower under the Loan Documents or otherwise, and nothing herein shall ever be deemed to replace or be in-lieu of any other such previous or subsequent guarantees.

Appears in 1 contract

Samples: Guaranty (Glimcher Realty Trust)

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