Common use of Other Actions Taken or Omitted Clause in Contracts

Other Actions Taken or Omitted. Notwithstanding any other action taken or omitted to be taken with respect to the Transaction Documents, the Guaranteed Obligations, or the Security, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 2 contracts

Samples: Limited Guaranty, Limited Guaranty (Blackstone Mortgage Trust, Inc.)

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Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Loan Documents, the Guaranteed Obligations, or the Securitysecurity and collateral therefor, other than any loss, damage liability or cost arising from Lender’s gross negligence or willful misconduct following Lender’s taking title to the Collateral or any part thereof, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 2 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.)

Other Actions Taken or Omitted. Notwithstanding any other action taken or omitted to be taken with respect to the Transaction Documents, the Guaranteed Obligations, the Additional Obligations, or the Security, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as may be limited by Section 2(b), as applicable, or Additional Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, as may be limited by Section 2(b), as applicableand Additional Obligations, when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such Guaranteed Obligations, as may be limited by Section 2(b), as applicableand such Additional Obligations.

Appears in 2 contracts

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

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Loan Documents, the Guaranteed Obligations, Obligations or the Securitysecurity and collateral therefor (other than actions or omissions expressly agreed to in writing by Lender), whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described hereinherein (other than actions or omissions expressly agreed to in writing by Lender), which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 2 contracts

Samples: Loan Agreement (Alexanders Inc), Alexanders Inc

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Loan Documents, the Mortgage Loan Documents, the First Mezzanine Loan Documents, the Guaranteed Obligations, or the Securitysecurity and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 2 contracts

Samples: Second Mezzanine (Morgans Hotel Group Co.), Second Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Loan Documents, the Guaranteed Obligations, or the Securitysecurity and collateral therefor (other than Lender’s or it’s agent’s gross negligence or willful misconduct following Lender’s or its agent’s taking title to, and actual possession of, the Property), whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 2 contracts

Samples: Guaranty (Ionis Pharmaceuticals Inc), Guaranty (Ionis Pharmaceuticals Inc)

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Loan Documents, the Mortgage Loan Documents, the First Mezzanine Loan Documents, the Guaranteed ObligationsObligation, or the Securitysecurity and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligation pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligation when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicableObligation.

Appears in 1 contract

Samples: Second Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or ------------------------------ omitted to be taken with respect to the Transaction DocumentsLimited Partnership Agreement, the Contribution Agreement, the Indemnity Agreement, or any other Operative Document, the Guaranteed Obligations, or the Securitysecurity and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay and perform the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, ; it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay and perform the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon except for the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 1 contract

Samples: Guaranty Agreement (Pure Resources Inc)

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Documents, Note or the Guaranteed Obligations, or the Security, Obligations whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, but provided such acts are taken in good faith and in a commercially reasonable manner if required under the Note, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoeverwhatsoever (subject to the terms of this Guaranty and the Note), whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 1 contract

Samples: Guaranty (MHI Hospitality CORP)

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Loan Documents, the Guaranteed Obligations or any portion of the Guaranteed Obligations, or the Securitysecurity and collateral for the Guaranteed Obligations or any portion of the Guaranteed Obligations, whether or not such action or omission prejudices the Guarantor or increases the likelihood that the Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereofof this Guaranty, it is being the unambiguous and unequivocal intention of the Guarantor that the Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether or not contemplated or uncontemplated, and whether or not otherwise or particularly described hereinin this Guaranty, which obligation shall will be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 1 contract

Samples: Guaranty (TNP Strategic Retail Trust, Inc.)

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Loan Documents, the Mortgage Loan Documents, the First Mezzanine Loan Documents, the Second Mezzanine Loan Documents, the Guaranteed Obligations, or the Securitysecurity and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 1 contract

Samples: Third Mezzanine (Morgans Hotel Group Co.)

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Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Note, the Deed of Trust, the Other Loan Documents, the Guaranteed ObligationsRecourse Obligations of Borrower, or the Securitysecurity and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Recourse Obligations of Borrower pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Recourse Obligations of Borrower when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicableRecourse Obligations of Borrower.

Appears in 1 contract

Samples: Maguire Properties Inc

Other Actions Taken or Omitted. Notwithstanding Except to the extent the same shall result from the gross negligence, willful misconduct, illegal acts or fraud of Buyer, any other action taken or omitted to be taken with respect to the Transaction Documents, the Repurchase Obligations, the Guaranteed Obligations, or the Securitysecurity and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations subject to Article II(a)(iii) when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 1 contract

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

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Loan Documents, the Guaranteed Obligations, or the Securitysecurity and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, Obligations (subject to the maximum aggregate liability as limited by set forth in Section 2(b), as applicable, 1.1(c) hereof) when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, Obligations (subject to the maximum aggregate liability as limited by set forth in Section 2(b1.1(c) hereof), as applicable.

Appears in 1 contract

Samples: Guaranty Agreement (Centro NP LLC)

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Loan Documents, the Guaranteed Obligations, or the Securitysecurity and collateral therefor, other than any loss, damage liability or cost arising from Lender’s gross negligence or willful misconduct following Lender’s taking title to the Properties or any part thereof, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 1 contract

Samples: Guaranty Agreement (Maguire Properties Inc)

Other Actions Taken or Omitted. Notwithstanding Except as expressly provided in Section 2.1 hereof, this Guaranty and the obligations of Guarantor hereunder shall be valid and enforceable and shall not be subject to any reduction, limitation, impairment, discharge or termination for any other action taken or omitted to be taken with respect to the Transaction Reimbursement Agreement and the Related Documents, the Guaranteed Obligations, or the Securitysecurity and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicable.

Appears in 1 contract

Samples: Wellsford Real Properties Inc

Other Actions Taken or Omitted. Notwithstanding any Any other action taken or omitted to be taken with respect to the Transaction Loan Documents, the Mortgage Loan Documents, the First Mezzanine Loan Documents, the Second Mezzanine Loan Documents, the Guaranteed ObligationsObligation, or the Securitysecurity and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligation pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations, as limited by Section 2(b), as applicable, Obligation when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of such the Guaranteed Obligations, as limited by Section 2(b), as applicableObligation.

Appears in 1 contract

Samples: Third Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)

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