ORIGINAL GUARANTOR. KIMPTON DEVELOPMENT OPPORTUNITY FUND, L.P., a California limited partnership
ORIGINAL GUARANTOR s/ Xxxxxx X. XxXxx /s/ Xxx Street
ORIGINAL GUARANTOR. XXXX CREDIT CORPORATION, a Delaware corporation
ORIGINAL GUARANTOR. (i) is experienced in the ownership, operation, management and financing of real property similar to the Property, and (ii) has been separately represented by counsel in connection with the negotiation, execution and delivery of this Agreement, or if not so separately represented, has waived such representation by Original Guarantor's signatures hereto.
ORIGINAL GUARANTOR s/ Xxxxxxx X. Xxxxxxxx XXXXXXX X. XXXXXXXX
ORIGINAL GUARANTOR. Original Guarantor hereby ratifies and reaffirms that, as of the Effective Date, all of the terms, representations, warranties, covenants and provisions of the Original Guaranties are true and correct, and remain in full force and effect, without modification other than as provided for in this Agreement or as necessary to implement the terms and provisions of this Agreement.
ORIGINAL GUARANTOR. In reliance on the release of the Released Lender Parties in Section 12.1 below, Original Guarantor’s representations and warranties in Section 14 below and the covenants, representations and warranties of New Guarantor in this Agreement (including New Guarantor’s representations and warranties in Section 16 below), effective upon the Effective Date, Lender releases Original Guarantor from Original Guarantor’s obligations under the Original Guaranties first arising from and after the Effective Date. If any material element of the representations and warranties made by Original Guarantor contained herein is false as of the Effective Date, then the release set forth in this Section 10.2 will be canceled as of the Effective Date and Original Guarantor will remain obligated under the Original Guaranties, jointly and severally with New Guarantor, as though there has been no such release. This Agreement shall in no way affect, impair or diminish the priority or validity of the liens or covenants of title evidenced by the Note or any of the other Loan Documents, nor, except as expressly set forth herein, release or discharge the liability of any person who may now be or after the Effective Date, become liable, primarily or secondarily, under the Note or any of the other Loan Documents.
ORIGINAL GUARANTOR. New Borrower and New Guarantor each acknowledges that it is assuming the risk of such unknown or unanticipated claims and agrees that this Agreement applies thereto. Original Borrower, Original Guarantor, New Borrower and New Guarantor each expressly waives the benefits of any applicable statutory provision prohibiting, conditioning or restricting the release of unknown or future claims or any of the claims being released pursuant to this Agreement.
ORIGINAL GUARANTOR. Signed by
ORIGINAL GUARANTOR. The undersigned Original Guarantor hereby consent to the execution and delivery of this Amendment by Borrower and specifically agree and consent to Sections 1, 3 through 7, 11 and 17 through 31 and any other representation, warranty, covenant, acknowledgment or agreement herein stated to be made by or otherwise affecting Original Guarantor. Xxxx Xxxxxx /s/ Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxxxxx /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx
