Other Liability of Guarantor or Borrower. If Guarantor becomes liable for any indebtedness owing by Borrower to any of the Lenders, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders hereunder shall be cumulative of any and all other rights that Lenders may ever have against Guarantor. If Borrower is or becomes indebted to any of the Lenders for other than the Indebtedness, any payment received or recovery realized upon any indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to be applied to the Indebtedness, in such Lender’s sole discretion be applied upon indebtedness of Borrower to Lenders other than the Indebtedness.
Appears in 6 contracts
Samples: Credit Agreement (Camden Property Trust), Credit Agreement (Camden Property Trust), Credit Agreement (Camden Property Trust)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders Lender hereunder shall be cumulative of any and all other rights that Lenders Lender may ever have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Lenders for other than the IndebtednessGuaranteed Obligations, any payment received or recovery realized upon any such other indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtednesssuch other indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability under this Guaranty is in such Lender’s sole discretion be applied upon indebtedness of Borrower addition to Lenders any and all other than the Indebtednessliability Guarantor may have in any other capacity, including, if applicable, its capacity as a general partner.
Appears in 6 contracts
Samples: Limited Guaranty Agreement, Guaranty Agreement (Limoneira CO), Guaranty Agreement (Inland Real Estate Income Trust, Inc.)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Administrative Agent or any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Administrative Agent and Lenders hereunder shall be cumulative of any and all other rights that Lenders Administrative Agent or any Lender may ever have against Guarantor. If Borrower is or becomes indebted to Administrative Agent or any Lender for any indebtedness other than or in excess of the Lenders for other than the IndebtednessGuaranteed Obligations, any payment received or recovery realized upon any such other indebtedness of Borrower to Administrative Agent or such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtednesssuch other indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability under this Guaranty is in such Lender’s sole discretion be applied upon indebtedness of Borrower addition to Lenders any and all other than the Indebtednessliability Guarantor may have in any other capacity, including, if applicable, its capacity as a general partner.
Appears in 5 contracts
Samples: Limited Payment Guaranty Agreement (KBS Real Estate Investment Trust II, Inc.), Guaranty Agreement (KBS Strategic Opportunity REIT II, Inc.), Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders Lender hereunder shall be cumulative of any and all other rights that Lenders Lender may ever have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Lenders for other than the IndebtednessGuaranteed Obligations, any payment received or recovery realized upon any such other indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtednesssuch other indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability under this Guaranty is in such addition to any and all other liability Guarantor may have in any other capacity to Lender’s sole discretion be applied upon indebtedness of Borrower to Lenders other than the Indebtedness.
Appears in 4 contracts
Samples: Guaranty of Payment and Performance (Venus Concept Inc.), Guaranty of Payment and Performance (Venus Concept Inc.), Guaranty of Payment and Performance (Venus Concept Inc.)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders Lender hereunder shall be cumulative of any and all other rights that Lenders Lender may ever have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Lenders Indebtedness for other than the Indebtednesswhich Guarantor is liable under this Guaranty, any payment received or recovery realized upon any such other indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtednesssuch other indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability under this Guaranty is in such Lender’s sole discretion be applied upon indebtedness of Borrower addition to Lenders any and all other than the Indebtednessliability Guarantor may have in any other capacity, including without limitation, if applicable, its capacity as a general partner.
Appears in 2 contracts
Samples: Guaranty Agreement (Compx International Inc), Guaranty Agreement (Nl Industries Inc)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Administrative Agent or any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Administrative Agent and Lenders hereunder shall be cumulative of any and all other rights that Lenders Administrative Agent or any Lender may ever have against Guarantor. If Borrower is or becomes indebted to Administrative Agent or any Lender for any indebtedness other than or in excess of the Lenders for other than the IndebtednessGuaranteed Lease Obligations, any payment received or recovery realized upon any such other indebtedness of Borrower to Administrative Agent or such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtednesssuch other indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability under this Guaranty is in such Lender’s sole discretion be applied upon indebtedness of Borrower addition to Lenders any and all other than the Indebtednessliability Guarantor may have in any other capacity, including, if applicable, its capacity as a general partner.
Appears in 1 contract
Samples: Limited Completion Guaranty Agreement (KBS Real Estate Investment Trust II, Inc.)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders Lender hereunder shall be cumulative of any and all other rights that Lenders Lender may ever have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Lenders for other than the IndebtednessGuaranteed Obligations, any payment received or recovery realized upon any such other indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtednesssuch other indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor's liability under this Guaranty is in such Lender’s sole discretion be applied upon indebtedness of Borrower addition to Lenders any and all other than the Indebtednessliability Guarantor may have in any other capacity, including, if applicable, its capacity as a general partner.
Appears in 1 contract
Samples: Guaranty Agreement (Bluerock Residential Growth REIT, Inc.)
Other Liability of Guarantor or Borrower. If Guarantor becomes liable for any indebtedness owing by Borrower to any of the Lenders, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders hereunder shall be cumulative of any and all other rights that Lenders may ever have against Guarantor. If Borrower is or becomes indebted to any of the Lenders for other than the Indebtedness, any payment received or recovery realized upon any indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to be applied to the Indebtedness, in such Lender’s 's sole discretion be applied upon indebtedness of Borrower to Lenders other than the Indebtedness.
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Other Liability of Guarantor or Borrower. If Guarantor becomes liable for any indebtedness owing by Borrower to any of the LendersLender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders Lender hereunder shall be cumulative of any and all other rights that Lenders Lender may ever have against Guarantor. If Borrower is or becomes indebted to any of the Lenders Lender for other than the Indebtedness, any payment received or recovery realized upon any indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to be applied to the Indebtedness, in such Lender’s 's sole discretion be applied upon indebtedness of Borrower to Lenders Lender other than the Indebtedness.
Appears in 1 contract
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders Lender hereunder shall be cumulative of any and all other rights that Lenders Lender may ever have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Lenders for other than the IndebtednessGuaranteed Obligations, any payment received or recovery realized upon any such other indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtedness, in such Lender’s sole discretion other indebtedness. This Guaranty is independent of (and shall not be applied upon indebtedness of Borrower to Lenders limited by) any other than the Indebtednessguaranty now existing or hereafter given.
Appears in 1 contract
Other Liability of Guarantor or Borrower. If Guarantor becomes liable for any indebtedness owing by Borrower to any of the LendersLender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders Lender hereunder shall be cumulative of any and all other rights that Lenders Lender may ever have against Guarantor. If Borrower is or becomes indebted to any of the Lenders Lender for other than the Indebtedness, any payment received or recovery realized upon any indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement (including, without limitation, any Credit Document) of such Lender to Lender, be applied to the Indebtedness, in such Lender’s sole discretion be applied upon indebtedness of Borrower to Lenders other than the Indebtedness.
Appears in 1 contract
Other Liability of Guarantor or Borrower. If Guarantor becomes liable for any indebtedness owing by Borrower to any of the Lenders, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders hereunder shall be cumulative of any and all other rights that Lenders may ever have against Guarantor. If Borrower is or becomes indebted to any of the Lenders for other than the Indebtedness, any payment received or recovery realized upon any indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to be applied to the Indebtedness, in such LenderXxxxxx’s sole discretion be applied upon indebtedness of Borrower to Lenders other than the Indebtedness.
Appears in 1 contract
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Agent or any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders Agent hereunder shall be cumulative of any and all other rights that Lenders Agent may ever have against Guarantor. If Borrower is or becomes indebted to Agent or any Lender for any indebtedness other than or in excess of the Lenders for other than the IndebtednessGuaranteed Obligations, any payment received or recovery realized upon any such other indebtedness of Borrower to Agent or such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtednesssuch other indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability under this Guaranty is in such Lender’s sole discretion be applied upon indebtedness of Borrower addition to Lenders any and all other than the Indebtednessliability Guarantor may have in any other capacity, including, if applicable, its capacity as a general partner.
Appears in 1 contract
Samples: Guaranty Agreement (Ares Commercial Real Estate Corp)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders Lender hereunder shall be cumulative of any and all other rights that Lenders Lender may ever have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Lenders for other than the IndebtednessGuaranteed Obligations, any payment received or recovery realized upon any such other indebtedness of Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtednesssuch other indebtedness. This Guaranty BofA/Landstown Guaranty Agreement #438684v5 is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability under this Guaranty is in such Lender’s sole discretion be applied upon indebtedness of Borrower addition to Lenders any and all other than the Indebtednessliability Guarantor may have in any other capacity, including, if applicable, its capacity as a general partner.
Appears in 1 contract
Samples: Guaranty Agreement (Inland Diversified Real Estate Trust, Inc.)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lenders Lender hereunder shall be cumulative of any and all other rights that Lenders Lender may ever have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Lenders for other than the IndebtednessGuaranteed Obligations, any payment received or recovery realized upon any such other indebtedness of such Borrower to such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtednesssuch other indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability under this Guaranty is in such Lender’s sole discretion be applied upon indebtedness of Borrower addition to Lenders any and all other than the Indebtednessliability Guarantor may have in any other capacity, including, if applicable, its capacity as a general partner.
Appears in 1 contract
Samples: Guaranty Agreement (Strategic Student & Senior Housing Trust, Inc.)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Administrative Agent or any of the Lenders, by endorsement or otherwise, Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Administrative Agent and Lenders hereunder shall be cumulative of any and all other rights that Lenders Administrative Agent or any Lender may ever have against Guarantor. If Borrower is or becomes indebted to Administrative Agent or any Lender for any indebtedness other than or in excess of the Lenders for other than the IndebtednessGuaranteed Obligations, any payment received or recovery realized upon any such other indebtedness of Borrower to Administrative Agent or such Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of such Lender to may be applied to the Indebtednesssuch other indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability under this Guaranty is in such Lender’s sole discretion be applied upon indebtedness of Borrower addition to Lenders any and all other than the Indebtednessliability Guarantor may have in any other capacity, including, if applicable, its capacity as a general partner. Section 7.
Appears in 1 contract
Samples: Guaranty Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)