Common use of Investor Guaranties Clause in Contracts

Investor Guaranties. As an accommodation to Borrower, the Agent and the Lenders have agreed to accept from time to time, upon the request of Borrower, guaranties from certain Persons who are shareholders, members, partners or affiliates of Borrower or REIT (such Persons are hereinafter referred to as the “Investor Guarantors”, and such guaranties are hereinafter referred to individually as the “Investor Guaranty” and collectively as the “Investor Guaranties”); provided that the aggregate principal amount of the Obligations guaranteed by the Investor Guarantors shall not exceed $150,000,000.00. The form of each Investor Guaranty shall be subject to the prior approval of Agent, which consent shall not be unreasonably withheld, delayed or conditioned. No Investor Guarantor shall be a Person with whom Agent or any Lender is prohibited by applicable law from doing business with, including without limitation, by virtue of OFAC. Borrower shall deliver to Agent such information as Agent may reasonably request to verify the foregoing. Without limiting the foregoing, no event or circumstance which shall occur with respect to any of such Investor Guarantors, nor any act or omission by Agent or any of the Lenders with respect to any of the Investor Guarantors or the Investor Guaranties, shall in any event limit, impair or otherwise affect the liability of the Borrower or Guarantors to the Agent and the Lenders under this Agreement and the other Loan Documents, and the Borrower and Guarantors hereby waive and agree not to assert or take advantage of any defense based thereon. Agent may at any time in its sole discretion, but only with the consent of the Investor Guarantor or in accordance with the terms of the Investor Guaranty (provided that consent of the Investor Guarantor shall not be required as a condition to Agent and the Lenders accepting any payments or prepayments of the Obligations, or otherwise dealing with the Loan or the Loan Documents), release any Investor Guarantor from its Investor Guaranty without affecting the liability of Borrower or Guarantors under the Loan Documents.

Investor Guaranties. As an accommodation to Borrower, the Agent and the Lenders have agreed to accept from time to time, upon the request of Borrower, guaranties from certain Persons who are shareholders, members, partners or affiliates of Borrower or REIT (such Persons are hereinafter referred to as the “Investor Guarantors”, and such guaranties are hereinafter referred to individually as the “Investor Guaranty” and collectively as the “Investor Guaranties”); provided that the aggregate principal amount of the Obligations guaranteed by the Investor Guarantors shall not exceed $150,000,000.00. The form of each Investor Guaranty shall be subject to the prior approval of Agent, which consent shall not be unreasonably withheld, delayed or conditioned. No Investor Guarantor shall be a Person with whom Agent or any Lender is prohibited by applicable law Applicable Law from doing business with, including without limitation, by virtue of OFAC. Borrower shall deliver to Agent such information as Agent may reasonably request to verify the foregoing. Without limiting the foregoing, no event or circumstance which shall occur with respect to any of such Investor Guarantors, nor any act or omission by Agent or any of the Lenders with respect to any of the Investor Guarantors or the Investor Guaranties, shall in any event limit, impair or otherwise affect the liability of the Borrower or Guarantors to the Agent and the Lenders under this Agreement and the other Loan Documents, and the Borrower and Guarantors hereby waive and agree not to assert or take advantage of any defense based thereon. Agent may at any time in its sole discretion, but only with the consent of the Investor Guarantor or in accordance with the terms of the Investor Guaranty (provided that consent of the Investor Guarantor shall not be required as a condition to Agent and the Lenders accepting any payments or prepayments of the Obligations, or otherwise dealing with the Loan or the Loan Documents), release any Investor Guarantor from its Investor Guaranty without affecting the liability of Borrower or Guarantors under the Loan Documents.

Investor Guaranties. As an accommodation to Borrower, the Agent and the Lenders have agreed to accept from time to time, upon the request of Borrower, guaranties from certain Persons who are shareholders, members, partners or affiliates of Borrower or REIT Guarantor (such Persons are hereinafter referred to as the “Investor Guarantors”, and such guaranties are hereinafter referred to individually as the “Investor Guaranty” and collectively as the “Investor Guaranties”); provided that the aggregate principal amount of the Obligations guaranteed by the Investor Guarantors shall not exceed $150,000,000.00105,000,000.00. The form of each Investor Guaranty shall be subject to the prior approval of Agent, which consent shall not be unreasonably withheld, delayed or conditioned. No Investor Guarantor shall be a Person with whom Agent or any Lender is prohibited by applicable law from doing business with, including without limitation, by virtue of OFAC. Borrower shall deliver to Agent such information as Agent may reasonably request to verify the foregoing. Without limiting the foregoing, no event or circumstance which shall occur with respect to any of such Investor Guarantors, nor any act or omission by Agent or any of the Lenders with respect to any of the Investor Guarantors or the Investor Guaranties, shall in any event limit, impair or otherwise affect the liability of the Borrower or Guarantors Guarantor to the Agent and the Lenders under this Agreement and the other Loan Documents, and the Borrower and Guarantors Guarantor hereby waive and agree not to assert or take advantage of any defense based thereon. Agent may at any time in its sole discretion, but only with the consent of the Investor Guarantor or in accordance with the terms of the Investor Guaranty (provided that consent of the Investor Guarantor shall not be required as a condition to Agent and the Lenders accepting any payments or prepayments of the Obligations, or otherwise dealing with the Loan or the Loan Documents), discretion release any Investor Guarantor from its Investor Guaranty without affecting the liability of Borrower or Guarantors Guarantor under the Loan Documents.

Investor Guaranties. As an accommodation to Borrower, the Agent and the Lenders have agreed to accept from time to time, upon the request of Borrower, guaranties from certain Persons who are shareholders, members, partners or affiliates of Borrower or REIT (such Persons are hereinafter referred to as the “Investor Guarantors”, and such guaranties are hereinafter referred to individually as the “Investor Guaranty” and collectively as the “Investor Guaranties”); provided that the aggregate principal amount of the Obligations guaranteed by the Investor Guarantors shall not exceed $150,000,000.00. The form of each Investor Guaranty shall be subject to the prior approval of Agent, which consent shall not be unreasonably withheld, delayed or conditioned. No Investor Guarantor shall be a Person with whom Agent or any Lender is prohibited by applicable law Applicable Law from doing business with, including including, without limitation, by virtue of OFAC. Borrower shall deliver to Agent such information as Agent may reasonably request to verify the foregoing. Without limiting the foregoing, no event or circumstance which shall occur with respect to any of such Investor Guarantors, nor any act or omission by Agent or any of the Lenders with respect to any of the Investor Guarantors or the Investor Guaranties, shall in any event limit, impair or otherwise affect the liability of the Borrower or Guarantors to the Agent and the Lenders under this Agreement and the other Loan Documents, and the Borrower and Guarantors hereby waive and agree not to assert or take advantage of any defense based thereon. Agent may at any time in its sole discretion, but only with the consent of the Investor Guarantor or in accordance with the terms of the Investor Guaranty (provided that consent of the Investor Guarantor shall not be required as a condition to Agent and the Lenders accepting any payments or prepayments of the Obligations, or otherwise dealing with the Loan or the Loan Documents), release any Investor Guarantor from its Investor Guaranty without affecting the liability of Borrower or Guarantors under the Loan Documents.

Investor Guaranties. As an accommodation to Borrowerthe Borrowers, the Agent and the Lenders have agreed to accept from time to time, upon the request of BorrowerBorrowers, guaranties from certain Persons who are shareholders, members, partners or affiliates of Borrower the Borrowers, the REIT or REIT QTLP (such Persons are hereinafter referred to as the “Investor Guarantors”, and such guaranties are hereinafter referred to individually as the “Investor Guaranty” and collectively as the “Investor Guaranties”); provided that the aggregate principal amount of the Obligations guaranteed by the Investor Guarantors shall not exceed $150,000,000.00. The form of each Investor Guaranty shall be subject to the prior approval of Agent, which consent shall not be unreasonably withheld, delayed or conditioned. No Investor Guarantor shall be a Person with whom the Agent or any Lender is prohibited by applicable law from doing business with, including without limitation, by virtue of OFAC. Borrower The Borrowers shall deliver to the Agent such information as the Agent may reasonably request to verify the foregoing. Without limiting the foregoing, no event or circumstance which shall occur with respect to any of such Investor Guarantors, nor any act or omission by the Agent or any of the Lenders with respect to any of the Investor Guarantors or the Investor Guaranties, shall in any event limit, impair or otherwise affect the liability of the Borrower Borrowers or Guarantors to the Agent and the Lenders under this Agreement and the other Loan Documents, and the Borrower Borrowers and Guarantors hereby waive and agree not to assert or take advantage of any defense based thereon. The Agent may at any time in its sole discretion, but only with the consent of the respective Investor Guarantor or in accordance with the terms of the applicable Investor Guaranty (provided that consent of the such Investor Guarantor shall not be required as a condition to the Agent and the Lenders accepting any payments or prepayments of the Obligations, or otherwise dealing with the Loan or the Loan Documents), release any Investor Guarantor from its Investor Guaranty without affecting the liability of Borrower the Borrowers or Guarantors under the Loan Documents.

Investor Guaranties. As an accommodation to Borrower, the Agent and the Lenders have agreed to accept from time to time, upon the request of Borrower, guaranties from certain Persons who are shareholders, members, partners or affiliates of Borrower or REIT (such Persons are hereinafter referred to as the “Investor Guarantors”, and such guaranties are hereinafter referred to individually as the “Investor Guaranty” and collectively as the “Investor Guaranties”); provided that the aggregate principal amount of the Obligations guaranteed by the Investor Guarantors shall not exceed $150,000,000.00. The form of each Investor Guaranty shall be subject to the prior approval of Agent, which consent shall not be unreasonably withheld, delayed or conditioned. No Investor Guarantor shall be a Person with whom Agent or any Lender is prohibited by applicable law from doing business with, including without limitation, by virtue of OFAC. Borrower shall deliver to Agent such information as Agent may reasonably request to verify the foregoing. Without limiting the foregoing, no event or circumstance which shall occur with respect to any of such Investor Guarantors, nor any act or omission by Agent or any of the Lenders with respect to any of the Investor Guarantors or the Investor Guaranties, shall in any event limit, impair or otherwise affect the liability of the Borrower or Guarantors to the Agent and the Lenders under this Agreement and the other Loan Documents, and the Borrower and Guarantors hereby waive and agree not to assert or take advantage of any defense based thereon. Agent may at any time in its sole discretion, but only with the consent of the Investor Guarantor or in accordance with the terms of the Investor Guaranty (provided that consent of the Investor Guarantor shall not be required as a condition to Agent and the Lenders accepting any payments or prepayments of the Obligations, or otherwise dealing with the Loan or the Loan Documents), release any Investor Guarantor from its Investor Guaranty without affecting the liability of Borrower or Guarantors under the Loan Documents.”

Investor Guaranties. As an accommodation to BorrowerBorrowers, the Agent and the Lenders have agreed to accept from time to time, upon the request of BorrowerBorrowers, guaranties from certain Persons who are shareholders, members, partners or affiliates owned an interest in the Mortgaged Properties immediately prior to the closing of Borrower or REIT the transactions contemplated by this Agreement (such Persons are hereinafter referred to as the “Investor Guarantors”, and such guaranties are hereinafter referred to individually as the “Investor Guaranty” and collectively as the “Investor Guaranties”); provided that the aggregate principal amount of the Obligations guaranteed by the Investor Guarantors shall not exceed $150,000,000.00200,000,000.00. The form Each of the Borrowers acknowledges and agrees that each Investor Guaranty of the representations, covenants, agreements and waivers of the Borrowers set forth in §36 shall be subject apply equally and with the same force and effect to the prior approval Investor Guarantors and the Investor Guaranties as such provisions apply and relate to each of Agent, which consent shall not be unreasonably withheld, delayed or conditioned. No Investor Guarantor shall be a Person with whom Agent or any Lender is prohibited by applicable law from doing business with, including without limitation, by virtue of OFAC. Borrower shall deliver to Agent such information as Agent may reasonably request to verify the foregoingBorrowers and the Loan Documents. Without limiting the foregoing, no event or circumstance which shall occur with respect to any of such Investor Guarantors, nor any act or omission by Agent or any of the Lenders with respect to any of the Investor Guarantors or the Investor Guaranties, shall in any event limit, impair or otherwise affect the liability of the Borrower or Guarantors Borrowers to the Agent and the Lenders under this Agreement and the other Loan Documents, and the Borrower and Guarantors Borrowers hereby waive and agree not to assert or take advantage of any defense based thereon. Agent may at any time in its sole discretion, but only with the consent of the Investor Guarantor or in accordance with the terms of the Investor Guaranty (provided that consent of the Investor Guarantor shall not be required as a condition to Agent and the Lenders accepting any payments or prepayments of the Obligations, or otherwise dealing with the Loan or the Loan Documents), discretion release any Investor Guarantor from its Investor Guaranty without affecting the liability of Borrower or Guarantors Borrowers under the Loan Documents.