Invalidity of Guaranteed Debt. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (i) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (ii) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxx, (iii) the officers or representatives executing the Note or the other Loan Documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (iv) the Guaranteed Debt violates applicable usury laws, (v) the Borrower has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vi) the creation, performance or repayment of the Guaranteed Debt (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible or unenforceable, or (vii) the Note or any of the other Loan Documents have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 6 contracts
Samples: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.), Guaranty (Carter Validus Mission Critical REIT, Inc.)
Invalidity of Guaranteed Debt. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including including, without limitation limitation, the fact that (i) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (ii) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxxvxxxx, (iii) the officers or representatives executing the Note Notes, the Loan Agreement or the other Loan Security Documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (iv) the Guaranteed Debt violates applicable usury laws, (v) the Borrower has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vi) the creation, performance or repayment of the Guaranteed Debt (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible or unenforceable, or (vii) the Note Notes, the Loan Agreement or any of the other Loan Security Documents have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 6 contracts
Samples: Loan Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc), Guaranty Agreement (Natural Gas Services Group Inc)
Invalidity of Guaranteed Debt. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including including, without limitation limitation, the fact that (i) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (ii) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxx, (iii) the officers or representatives executing the Note Guaranteed Notes or the other Loan Documents documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (iv) the Guaranteed Debt violates applicable usury laws, (v) the Borrower has valid defenses, claims claims, or offsets (whether at law, in equity or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vi) the creation, performance performance, or repayment of the Guaranteed Debt (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible uncollectible, or unenforceable, or (vii) the Note Note, or any of other documents or instruments pertaining to the other Loan Documents Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.;
Appears in 3 contracts
Samples: Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)
Invalidity of Guaranteed Debt. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (ia) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by lawapplicable Legal Requirements, (iib) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxx, (iiic) the officers or representatives executing the Note or Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (ivd) the Guaranteed Debt violates applicable usury laws, (ve) the Borrower has valid defenses, claims claims, or offsets (whether at law, in equity equity, or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vif) the creation, performance performance, or repayment of the Guaranteed Debt (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible uncollectible, or unenforceable, or (viig) the Note or any of Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or instruments pertaining to the Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 2 contracts
Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)
Invalidity of Guaranteed Debt. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including including, without limitation limitation, the fact that (i) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (ii) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxxvxxxx, (iii) the officers or representatives executing the Note Notes, the Loan Agreement or the other Loan Security Documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (iv) the Guaranteed Debt violates applicable usury laws, (v) the Borrower SCS has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from BorrowerSCS, (vi) the creation, performance or repayment of the Guaranteed Debt (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible or unenforceable, or (vii) the Note Notes, the Loan Agreement or any of the other Loan Security Documents have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor NGSG shall remain liable hereon regardless of whether Borrower SCS or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 2 contracts
Samples: Loan Agreement (Natural Gas Services Group Inc), Guaranty Agreement (Natural Gas Services Group Inc)
Invalidity of Guaranteed Debt. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (ia) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (iib) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxx, (iiic) the officers or representatives executing the Note or Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (ivd) the Guaranteed Debt violates applicable usury laws, (ve) the Borrower has valid defenses, claims claims, or offsets (whether at law, in equity equity, or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vif) the creation, performance performance, or repayment of the Guaranteed Debt (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible uncollectible, or unenforceable, or (viig) the Note or any of Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or instruments pertaining to the Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 2 contracts
Samples: Credit Agreement (Prentiss Properties Trust/Md), Credit Agreement (Prologis Trust)
Invalidity of Guaranteed Debt. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (ia) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (iib) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxx, (iiic) the officers or representatives executing the Note or Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (ivd) the Guaranteed Debt violates applicable usury laws, (ve) the Borrower has valid defenses, claims claims, or offsets (whether at law, in equity equity, or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from BorrowerBorrower (other than the defense of the payment in full of the Guaranteed Debt), (vif) the creation, performance performance, or repayment of the Guaranteed Debt (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible uncollectible, or unenforceable, or (viig) the Note or any of Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or instruments pertaining to the Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 1 contract
Samples: Exchange Agreement (Protection One Alarm Monitoring Inc)
Invalidity of Guaranteed Debt. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (ia) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (iib) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxxvxxxx, (iiic) the officers or representatives executing the Note or Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (ivd) the Guaranteed Debt violates applicable usury laws, (ve) the Borrower has valid defenses, claims claims, or offsets (whether at law, in equity equity, or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vif) the creation, performance performance, or repayment of the Guaranteed Debt (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible uncollectible, or unenforceable, or (viig) the Note or any of Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or instruments pertaining to the Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.. Exhibit G
Appears in 1 contract
Invalidity of Guaranteed Debt. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Debt, Debt or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (ia) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (iib) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxx, (iiic) the officers any officer or representatives representative executing the Note Credit Facility or the any other Loan Documents or otherwise document creating the Guaranteed Debt acted in excess of their such officer’s or representative’s authority, (ivd) the Guaranteed Debt violates applicable usury laws, (ve) the Borrower has valid defenses, claims or offsets (whether at law, in equity equity, or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower (except that Guarantors do not waive the right to claim that Borrower (or another Person on behalf of Borrower) has made payment of the Guaranteed Debt in full in cash), (vif) the creation, performance or repayment of the Guaranteed Debt (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible or unenforceable, unenforceable or (viig) the Note Credit Facility or any of other document or instrument pertaining to the other Loan Documents have Guaranteed Debt has been forged or otherwise are is irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 1 contract
Samples: Guaranty Agreement (Prologis, L.P.)
Invalidity of Guaranteed Debt. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (ia) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (iib) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxxvirex, (iiix) the officers or representatives executing the Note or Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (ivd) the Guaranteed Debt violates applicable usury laws, (ve) the Borrower has valid defenses, claims claims, or offsets (whether at law, in equity equity, or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vif) the creation, performance performance, or repayment of the Guaranteed Debt (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible uncollectible, or unenforceable, or (viig) the Note or any of Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or instruments pertaining to the Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 1 contract
Invalidity of Guaranteed Debt. The invalidity, illegality ------------- ----------------------------- or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (i) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (ii) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxx, (iii) the officers or representatives executing the Note or the other Loan Documents or otherwise documents creating the Guaranteed Debt acted in excess of their authority, (iv) the Guaranteed Debt violates applicable usury laws, (v) the Borrower has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vi) the creation, performance or repayment of the Guaranteed Debt (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible or unenforceable, or (vii) the Note documents or any of instruments pertaining to the other Loan Documents Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.;
Appears in 1 contract
Samples: Credit Agreement (Centris Group Inc)
Invalidity of Guaranteed Debt. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (ia) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (iib) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxxvires, (iiic) the officers or representatives executing the Note or Credit Agreexxxx, the Notes, the other Loan Documents Documents, or other documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (ivd) the Guaranteed Debt violates applicable usury laws, (ve) the Borrower has valid defenses, claims claims, or offsets (whether at law, in equity equity, or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vif) the creation, performance performance, or repayment of the Guaranteed Debt (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible uncollectible, or unenforceable, or (viig) the Note or any of Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or instruments pertaining to the Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 1 contract
Invalidity of Guaranteed Debt. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (i) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (ii) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxxULTRA VIRES, (iii) the officers or representatives executing the Note documents or the other Loan Documents or otherwise xxxxrwise creating the Guaranteed Debt acted in excess of their authority, (iv) the Guaranteed Debt violates applicable usury laws, (v) the Borrower has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vi) the creation, performance or repayment of the Guaranteed Debt (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible or unenforceable, or (vii) the Note Facility Letter or any of other documents or instruments pertaining to the other Loan Documents Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 1 contract
Invalidity of Guaranteed Debt. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (ia) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by lawapplicable Legal Requirements, (iib) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxxULTRA XXXXX, (iiic) the officers or representatives executing the Note or Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (ivd) the Guaranteed Debt violates applicable usury laws, (ve) the Borrower has valid defenses, claims claims, or offsets (whether at law, in equity equity, or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vif) the creation, performance performance, or repayment of the Guaranteed Debt (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible uncollectible, or unenforceable, or (viig) the Note or any of Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or instruments pertaining to the Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 1 contract
Samples: Credit Agreement (Trammell Crow Co)
Invalidity of Guaranteed Debt. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including including, without limitation limitation, the fact that (i) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (ii) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxx, (iii) the officers or representatives executing the Note Guaranteed Notes or the other Loan Documents documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (iv) the Guaranteed Debt violates applicable usury laws, (v) the Borrower has valid defenses, claims claims, or offsets (whether at law, in equity or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vi) the creation, performance performance, or repayment of the Guaranteed Debt (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible uncollectible, or unenforceable, or (vii) the Note Note, or any of other documents or instruments pertaining to the other Loan Documents Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.; Section
Appears in 1 contract
Samples: Unconditional Guaranty Agreement
Invalidity of Guaranteed Debt. The assertion of or any finding of the invalidity, illegality or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including including, without limitation limitation, the fact that (i) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, law or in equity; (ii) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxx, ; (iii) the officers or representatives executing the Note or the other Loan Documents or otherwise creating the Guaranteed Debt acted in excess of their authority, ; (iv) the Guaranteed Debt violates applicable usury laws, ; (v) the Borrower Maker has valid defenses, claims or offsets (whether at law, in equity or by agreement) ), which render the Guaranteed Debt wholly or partially uncollectible from Borrower, Maker; (vi) the creation, performance or repayment of the Guaranteed Debt (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible or unenforceable, ; or (vii) the Note or any of the other Loan Documents have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain fully liable hereon regardless of whether Borrower Maker or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 1 contract
Invalidity of Guaranteed Debt. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (i) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (ii) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxxvires, (iii) the officers or representatives executing the Note thx Xxxe or the other Loan Documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (iv) the Guaranteed Debt violates applicable usury laws, (v) the Borrower has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vi) the creation, performance or repayment of the Guaranteed Debt (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible or unenforceable, or (vii) the Note or any of the other Loan Documents have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 1 contract
Samples: Guaranty (Stratus Properties Inc)
Invalidity of Guaranteed Debt. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (i) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (ii) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxx, (iii) the officers or representatives executing the Note Guaranteed Notes or the other Loan Documents documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (iv) the Guaranteed Debt violates applicable usury laws, (v) the Borrower has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vi) the creation, performance or repayment of the Guaranteed Debt (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible or unenforceable, or (vii) the Note Guaranteed Notes, Loan Agreement or any of other documents or instruments pertaining to the other Loan Documents Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 1 contract
Invalidity of Guaranteed Debt. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Debt, or any document or agreement executed in connection with the Guaranteed Debt, for any reason whatsoever, including without limitation the fact that (ia) the Guaranteed Debt, or any part thereof, exceeds the amount permitted by law, (iib) the act of creating the Guaranteed Debt or any part thereof is ultra xxxxxvxxxx, (iiic) the officers or representatives executing the Note or Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or otherwise creating the Guaranteed Debt acted in excess of their authority, (ivd) the Guaranteed Debt violates applicable usury laws, (ve) the Borrower has valid defenses, claims claims, or offsets (whether at law, in equity equity, or by agreement) which render the Guaranteed Debt wholly or partially uncollectible from Borrower, (vif) the creation, performance performance, or repayment of the Guaranteed Debt (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Debt or executed in connection with the Guaranteed Debt, or given to secure the repayment of the Guaranteed Debt) is illegal, uncollectible uncollectible, or unenforceable, or (viig) the Note or any of Credit Agreement, the Notes, the other Loan Documents Documents, or other documents or instruments pertaining to the Guaranteed Debt have been forged or otherwise are irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon regardless of whether Borrower or any other person be found not liable on the Guaranteed Debt or any part thereof for any reason.
Appears in 1 contract