Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 10 contracts
Samples: Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 10 contracts
Samples: Guaranty (TNP Strategic Retail Trust, Inc.), Guaranty (CNL Healthcare Trust, Inc.), Guaranty (CNL Healthcare Trust, Inc.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower or Guarantor against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 7 contracts
Samples: Guaranty (Owens Realty Mortgage, Inc.), Guaranty (Owens Realty Mortgage, Inc.), Guaranty (IMH Financial Corp)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise, other than a defense based on actual performance of the Guaranteed Obligations sought to be enforced hereunder.
Appears in 6 contracts
Samples: Non Recourse Guaranty (Maguire Properties Inc), Non Recourse Guaranty, Non Recourse Guaranty (Maguire Properties Inc)
Offset. The Note, the Guaranteed Obligations Debt and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed ObligationsDebt, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.
Appears in 5 contracts
Samples: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 5 contracts
Samples: Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.), Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.), Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense (other than a defense based upon the actual payment or performance of the Guaranteed Obligations sought to be enforced) of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Guaranty Agreement (Maguire Properties Inc), Guaranty Agreement (Maguire Properties Inc), Guaranty Agreement (Maguire Properties Inc)
Offset. The NoteLoans, the other Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, the Borrowers or any other party, party against the Collateral Agent or against payment of the any other Guaranteed ObligationsParty, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Non Recourse Carveout Guaranty Agreement, Non Recourse Carveout Guaranty Agreement (Owl Rock Capital Corp II), Non Recourse Carveout Guaranty Agreement (Owl Rock Capital Corp II)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower Borrower, or any other party, against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Guaranty (Kilroy Realty, L.P.), Guaranty (Trade Street Residential, Inc.), Guaranty (Trade Street Residential, Inc.)
Offset. The NoteLease, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender Lessor hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower Lessee against LenderLessor, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Guaranty of Lease (Crescent Operating Inc), Guaranty of Lease (Crescent Operating Inc), Guaranty of Lease (Crescent Operating Inc)
Offset. The NoteObligations, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender Bank hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against LenderBank, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.;
Appears in 4 contracts
Samples: Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc)
Offset. The NoteLoans, the other Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of the Borrower against Lender, or any other party, party against the Collateral Agent or against payment of the any other Guaranteed ObligationsParty, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 3 contracts
Samples: Non Recourse Carveout Guaranty Agreement (Kennedy Lewis Capital Co), Non Recourse Carveout Guaranty Agreement (Stone Point Credit Corp), Non Recourse Carveout Guaranty Agreement (Apollo Debt Solutions BDC)
Offset. The NoteNote and other Guaranteed Debt guaranteed hereby, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged discharged, or released because of or by reason of any existing or future right of offset, claim claim, or defense of Borrower Lender against LenderBorrower, or any other party, or against payment of the Guaranteed ObligationsDebt, whether such right of offset, claim claim, or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.;
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)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense (other than a defense based upon the actual payment or performance of the Guaranteed Obligations sought to be enforced) of either Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 3 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, Lender or any other party, party or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty (Infousa Inc), Guaranty (Infousa Inc)
Offset. The Note, the Guaranteed Obligations Debt and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed ObligationsDebt, whether such right of offset, claim or defense arises in connection with of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.
Appears in 2 contracts
Samples: Guaranty (Carter Validus Mission Critical REIT, Inc.), Guaranty (Grubb & Ellis Healthcare REIT II, Inc.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower or any party against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.), Guaranty of Recourse Obligations (Unsecured) (Inland Diversified Real Estate Trust, Inc.)
Offset. The Note, the Guaranteed Obligations and of the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower (other than the defense of payment) against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty of Recourse Obligations (reAlpha Tech Corp.), Guaranty of Recourse Obligations (reAlpha Tech Corp.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower or Guarantor against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise, other than defenses based on actual performance of the Guaranteed Obligations sought to be enforced hereunder.
Appears in 2 contracts
Samples: Guaranty (Ionis Pharmaceuticals Inc), Guaranty (Ionis Pharmaceuticals Inc)
Offset. The NoteNotes, the Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of any Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty of Recourse Obligations (Horizon Group Properties Inc), Guaranty of Recourse Obligations (Horizon Group Properties Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower or Guarantor against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty (Cedar Shopping Centers Inc), Supplemental Guaranty (Cedar Shopping Centers Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of each Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty (GMH Communities Trust)
Offset. The fact that the Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense (other than the defense of payment in full) of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Completion Guaranty (Bh Re LLC)
Offset. The NoteLoans, the other Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, the Guarantors hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of a Borrower against Lender, or any other party, party against the Collateral Agent or against payment of the any other Guaranteed ObligationsParty, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Offset. The NoteLeases, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender Lessor hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower any Lessee against LenderLessor, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower and/or Guarantor against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty (MHI Hospitality CORP)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower or Guarantor against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, Exhibit 10.4 claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of each Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of any Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Completion Guaranty Agreement (Lodging Fund REIT III, Inc.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense (except as may be expressly provided in the Loan Agreement and except that of payment of the Guaranteed Obligations) of any Borrower against Lender, or of any Mortgage Borrower against Mortgage Lender or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense (other than payment) of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of Guarantor Guarantors to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)
Offset. The NoteNote and other Guaranteed Debt guaranteed hereby, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender hereunder, shall not be reduced, discharged discharged, or released because of or by reason of any existing or future right of offset, claim claim, or defense of Borrower Lender against LenderBorrower, or any other party, or against payment of the Guaranteed ObligationsDebt, whether such right of offset, claim claim, or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.; Section
Appears in 1 contract
Samples: Unconditional Guaranty Agreement
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty (GMH Communities Trust)
Offset. The Note, the Guaranteed Obligations Debt and the liabilities and obligations of Guarantor to Lender Noteholder hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower Maker against LenderNoteholder, or any other party, or against the payment or performance of the Guaranteed ObligationsDebt, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.
Appears in 1 contract
Offset. The Note, the Guaranteed Obligations and the ------ liabilities and obligations of the Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of or offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of any Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise, other than payment in full of the Loan and other Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (Assisted 4 Living, Inc.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of each Guarantor to Lender hereunder, hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower any Obligor against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty (Ventas Inc)
