Common use of Nature of Guaranty Clause in Contracts

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender and any subsequent holder of the Note (or any part thereof or interest therein) and shall not be discharged by the assignment or negotiation of all or part of the Note.

Appears in 3 contracts

Samples: Guaranty (Brixmor Property Group Inc.), Senior Mezzanine Guaranty (Brixmor Property Group Inc.), Guaranty (Brixmor Property Group Inc.)

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Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender and any subsequent holder of the Note (or any part thereof or interest therein) and shall not be discharged by the assignment or negotiation of all or part of the Note.

Appears in 3 contracts

Samples: Ground Lease, Ground Lease, Ground Lease

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender Purchaser and any subsequent holder of successor, indorsee, transferee or assignee under the Note (or any part thereof or interest therein) Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part of the Notethereof.

Appears in 3 contracts

Samples: Guaranty (Starwood Credit Real Estate Income Trust), Guaranty (RAIT Financial Trust), Guaranty (RAIT Financial Trust)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor. This ’s death (in which event this Guaranty may shall be enforced by Lender binding upon Guarantor’s estate, legal representatives and any subsequent holder of the Note (or any part thereof or interest therein) and shall not be discharged by the assignment or negotiation of all or part of the Noteheirs).

Appears in 3 contracts

Samples: Guaranty of Recourse Obligations (Strategic Storage Trust VI, Inc.), Guaranty of Recourse Obligations (Strategic Storage Trust VI, Inc.), Guaranty (FelCor Lodging Trust Inc)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender Purchaser and any subsequent holder of successor, endorsee, transferee or assignee under the Note (or any part thereof or interest therein) Master Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part of the Notethereof.

Appears in 3 contracts

Samples: Guaranty (Claros Mortgage Trust, Inc.), Guaranty (Claros Mortgage Trust, Inc.), Guaranty (Resource Capital Corp.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising so long as the Notes are outstanding or created after any attempted revocation by Guarantorunless Guarantor is otherwise released from its obligations under this Guaranty pursuant to the Loan Documents. This Subject to the terms of Section 1.10 below, this Guaranty may be enforced by Lender and any subsequent holder shall automatically terminate upon the payment in full of the Note (or any part thereof or interest therein) Notes, and Guarantor shall not no longer be discharged by responsible for the assignment or negotiation of all or part of the NoteGuaranteed Obligations.

Appears in 2 contracts

Samples: Guaranty Agreement (Cil&d, LLC), Guaranty Agreement (Cil&d, LLC)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender Xxxxx and any subsequent holder of successor, endorsee, permitted transferee or permitted assignee under the Note (or any part thereof or interest therein) Master Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part of thereof in compliance with the NoteProgram Documents.

Appears in 2 contracts

Samples: Guaranty (FS Credit Real Estate Income Trust, Inc.), Guaranty (FS Credit Real Estate Income Trust, Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender Purchaser and any subsequent holder of successor, endorsee, transferee or assignee under the Note (or any part thereof or interest therein) Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part of the Notethereof.

Appears in 2 contracts

Samples: Guaranty (Fortress Credit Realty Income Trust), Guaranty (ARC Realty Finance Trust, Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Class A Lender and any subsequent holder of successor, endorsee, transferee or assignee under the Note (or any part thereof or interest therein) Indenture and Credit Agreement and shall not be discharged by the assignment or negotiation of all or part of the Notethereof.

Appears in 1 contract

Samples: Guaranty (Granite Point Mortgage Trust Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender Purchaser and any subsequent holder successor, endorsee, transferee or assignee of Purchaser permitted under the Note (or any part thereof or interest therein) Repurchase Agreement and shall not be discharged by the such permitted assignment or negotiation of all or part of the Notethereof.

Appears in 1 contract

Samples: Guaranty (Colony Credit Real Estate, Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance by the Guarantors, and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising so long as the Senior Note is outstanding or created after any attempted revocation by Guarantorunless the Guarantors are otherwise released from their obligations under this Guaranty pursuant to the Loan Documents. This Notwithstanding anything to the contrary contained herein, this Guaranty may be enforced by Lender and any subsequent holder shall automatically terminate upon the payment in full of the Note (or any part thereof or interest therein) Senior Note, and the Guarantors shall not no longer be discharged by responsible for the assignment or negotiation of all or part of the NoteGuaranteed Obligations.

Appears in 1 contract

Samples: Limited Recourse Guaranty Agreement (Cil&d, LLC)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Carveout Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender and any subsequent holder of either Note permitted under the Note (or any part thereof or interest therein) Loan Agreement and shall not be discharged by the assignment or negotiation of all or part of either Note, in each case made in accordance with the NoteLoan Agreement.

Appears in 1 contract

Samples: Guaranty of Completion and Non Recourse Carve Outs (Sentio Healthcare Properties Inc)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty guarantee of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender Administrative Agent and any subsequent holder assignee of Administrative Agent under the Note (or any part thereof or interest therein) Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part of the Notethereof.

Appears in 1 contract

Samples: Guaranty Agreement (KKR Real Estate Finance Trust Inc.)

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Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor Guarantors and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by GuarantorGuarantors. This Guaranty may be enforced by Lender Buyer and any subsequent holder assignee of Buyer under the Note (or any part thereof or interest therein) Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part of the Notethereof.

Appears in 1 contract

Samples: Guaranty (Gramercy Capital Corp)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising so long as the Senior Note is outstanding or created after any attempted revocation by Guarantorunless Guarantor is otherwise released from its obligations under this Guaranty pursuant to the Loan Documents. This Subject to the terms of Section 1.10 below, this Guaranty may be enforced by Lender and any subsequent holder shall automatically terminate upon the payment in full of the Note (or any part thereof or interest therein) Senior Note, and Guarantor shall not no longer be discharged by responsible for the assignment or negotiation of all or part of the NoteGuaranteed Obligations.

Appears in 1 contract

Samples: Guaranty Agreement (Cil&d, LLC)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created Obligation existing after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender and any subsequent holder of any of the Note (or any part thereof or interest therein) Notes and shall not be discharged by the assignment or negotiation of all or part of the NoteObligor Loan Documents.

Appears in 1 contract

Samples: Guaranty Agreement (JetPay Corp)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Class A Lender and any subsequent holder of successor, endorsee, transferee or assignee under the Note (or any part thereof or interest therein) Indenture and shall not be discharged by the assignment or negotiation of all or part of the Notethereof.

Appears in 1 contract

Samples: Guaranty (Terra Property Trust, Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty The fact that at any time or from time to time the Guaranteed Obligations may be enforced by Lender and any subsequent holder of the Note (increased or any part thereof or interest therein) and reduced shall not be discharged by release or discharge the assignment or negotiation obligation of all or part of Guarantor to the NoteLender Group with respect to the Guaranteed Obligations.

Appears in 1 contract

Samples: Limited Guaranty (LIVE VENTURES Inc)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing unconditional, continuing, direct and immediate guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked is no way conditioned upon or limited by Guarantor and shall continue to be effective with respect to or in any Guaranteed Obligations arising other way affected by any defense asserted or created after any attempted revocation claimed by Guarantor. This The obligations of Guarantor under this Guaranty may be enforced by Lender and any subsequent holder of the Note (or any part thereof or interest therein) and shall not be discharged by the assignment subject to any counterclaim, recoupment, setoff, reduction or negotiation of all or part of the Notedefense based upon any claim that Guarantor may have against Town.

Appears in 1 contract

Samples: Guaranty Agreement

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Lender Buyer and any subsequent holder assignee of Buyer permitted under the Note (or any part thereof or interest therein) Repurchase Agreement and shall not be discharged by the such permitted assignment or negotiation of all or part of the Notethereof.

Appears in 1 contract

Samples: Guaranty (Blackstone Mortgage Trust, Inc.)

Nature of Guaranty. It is specifically agreed that: (a) This Guaranty is an irrevocablea continuing, absolute, continuing unconditional irrevocable guaranty of payment and performance and not a guaranty of collection. ; (b) This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any the Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may Guarantor and shall be enforced by Lender binding upon the Guarantor and any subsequent holder the respective legal representatives, executors, administrators and successors of the Note (or any part thereof or interest therein) and shall not be discharged by the assignment or negotiation of all or part of the Note.Guarantor; and

Appears in 1 contract

Samples: Lease Agreement (PSW Technologies Inc)

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