Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other indebtedness of Borrower to Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of Lender to be applied to the Indebtedness, in Lender’s sole discretion, be applied upon indebtedness of Borrower to Lender other than the 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 addition to any and all other liability Guarantor may have in any other capacity.
Appears in 3 contracts
Samples: Guaranty Agreement (Tullys Coffee Corp), Guaranty Agreement (Tullys Coffee Corp), Guaranty Agreement (Tullys Coffee Corp)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender Lenders other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender Lenders hereunder shall be cumulative of any and all other rights that Lender Lenders may have against Guarantor. If Borrower is or becomes indebted to Lender Lenders for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other indebtedness of Borrower to Lender Lenders may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of Lender Administrative Agent to be applied to the Indebtedness, in Lender’s Administrative Agent's sole discretion, be applied upon indebtedness of Borrower to Lender Lenders other than the Indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s 's liability under this Guaranty is in addition to any and all other liability Guarantor may have in any other capacity, including without limitation, its capacity as a general partner.
Appears in 3 contracts
Samples: Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Guaranty Agreement (Behringer Harvard Reit I Inc)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender Administrative Agent and the Lenders other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender Administrative Agent and the Lenders hereunder shall be cumulative of any and all other rights that Lender Administrative Agent and the Lenders may have against Guarantor. If Borrower is or becomes indebted to Lender Lenders for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other indebtedness of Borrower to Lender Lenders may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of Lender Administrative Agent to be applied to the Indebtedness, in LenderAdministrative Agent’s sole discretion, be applied upon indebtedness of Borrower to Lender Lenders other than the 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 addition to any and all other liability Guarantor may have in any other capacity, including without limitation, its capacity as a general partner.
Appears in 2 contracts
Samples: Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.), Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender Lenders other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender Lenders hereunder shall be cumulative of any and all other rights that Lender Lenders may have against Guarantor. If Borrower is or becomes indebted to Lender Lenders for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other indebtedness of Borrower to Lender Lenders may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of Lender Administrative Agent to be applied to the Indebtedness, in LenderAdministrative Agent’s sole discretion, be applied upon indebtedness of Borrower to Lender Lenders other than the 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 addition to any and all other liability Guarantor may have in any other capacity, including without limitation, its capacity as a general partner.
Appears in 2 contracts
Samples: Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Administrative Agent or any Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Administrative Agent or such Lender hereunder shall be cumulative of any and all other rights that Administrative Agent or such Lender may 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 Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon 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 Administrative Agent or such Lender to be applied to the Indebtedness, in the sole discretion of Administrative Agent or such Lender’s sole discretion, be applied upon indebtedness of Borrower to Administrative Agent or such Lender other than the 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 addition to any and all other liability Guarantor may have in any other capacity.
Appears in 2 contracts
Samples: Guaranty Agreement (Prospect Acquisition Corp), Guaranty Agreement (Prospect Acquisition Corp)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender Lenders or Administrative Agent other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender Lenders and Administrative Agent hereunder shall be cumulative of any and all other rights that Lender Lenders and Administrative Agent may have against Guarantor. If Borrower is or becomes indebted to Lender Lenders and Administrative Agent for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other any indebtedness of Borrower to Lender Lenders or Administrative Agent may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of Lender Administrative Agent to be applied to the Indebtedness, in Lender’s Administrative Agent's sole discretion, be applied upon indebtedness of Borrower to Lender Lenders or Administrative Agent other than the Indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s 's liability under this Guaranty is in addition in.addition to any and all other liability Guarantor may have in any other capacity, including without limitation, its capacity as a general partner.
Appears in 1 contract
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to any Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender the Lenders hereunder shall be cumulative of any and all other rights that Lender the Lenders may have against Guarantor. If Borrower is or becomes indebted to Lender the Lenders for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other any indebtedness of Borrower to Lender the Lenders may, except to the extent paid by Guarantor on the Indebtedness for which Guarantor is liable under this Guaranty or specifically required by law or agreement of Lender the Lenders to be applied to the IndebtednessIndebtedness for which Guarantor is liable under this Guaranty, in Lender’s the Lenders' sole discretion, be applied upon indebtedness of Borrower to Lender the Lenders other than the Indebtedness. This Guaranty Indebtedness for which Guarantor is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability liable under this Guaranty is in addition to any and all other liability Guarantor may have in any other capacityGuaranty. 2.
Appears in 1 contract
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other indebtedness of Borrower to Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of Lender to be applied to the Indebtedness, in Lender’s sole discretion, be applied upon indebtedness of Borrower to Lender other than the 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 addition to any and all other liability Guarantor may have in any other capacity, including without limitation, its capacity as a general partner.
Appears in 1 contract
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other any indebtedness of Borrower to Lender may, except to the extent paid by Guarantor on the Indebtedness for which Guarantor is liable under this Guaranty or specifically required by law Law or agreement of Lender to be applied to the IndebtednessIndebtedness for which Guarantor is liable under this Guaranty, in Lender’s 's sole discretion, be applied upon indebtedness of Borrower to Lender other than the Indebtedness. This Guaranty Indebtedness for which Guarantor is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability liable under this Guaranty is in addition to any and all other liability Guarantor may have in any other capacityGuaranty.
Appears in 1 contract
Samples: Guaranty Agreement (Apartment Investment & Management Co)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender Lenders or Administrative Agent other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender Lenders and Administrative Agent hereunder shall be cumulative of any and all other rights that Lender Lenders and Administrative Agent may have against Guarantor. If Borrower is or becomes indebted to Lender Lenders and Administrative Agent for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other any indebtedness of Borrower to Lender Lenders or Administrative Agent may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of Lender Administrative Agent to be applied to the Indebtedness, in Lender’s Administrative Agent's sole discretion, be applied upon indebtedness of Borrower to Lender Lenders or Administrative Agent other than the Indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s 's liability under this Guaranty is in addition to any and all other liability Guarantor may have in any other capacity, including without limitation, its capacity as a general partner.
Appears in 1 contract
Samples: Construction Loan Agreement (FelCor Lodging Trust Inc)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Administrative Agent or any Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Administrative Agent or such Lender hereunder shall be cumulative of any and all other rights that Administrative Agent or such Lender may have against Guarantor. If Borrower is or becomes indebted to Lender Administrative Agent for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other indebtedness of Borrower to Lender Administrative Agent may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of Lender Administrative Agent to be applied to the Indebtedness, in LenderAdministrative Agent’s sole discretion, be applied upon indebtedness of Borrower to Lender Administrative Agent other than the 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 addition to any and all other liability Guarantor may have in any other capacity.
Appears in 1 contract
Samples: Guaranty Agreement (MGM Mirage)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Indebtedness Guaranteed Obligations for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other any indebtedness of Borrower to Lender may, except to the extent paid by Guarantor on the Indebtedness Guaranteed Obligations for which Guarantor is liable under this Guaranty or specifically required by law or agreement of Lender to be applied to the IndebtednessGuaranteed Obligations for which Guarantor is liable under this Guaranty, in Lender’s sole discretion, be applied upon indebtedness of Borrower to Lender other than the IndebtednessGuaranteed Obligations for which Guarantor is liable under this Guaranty. 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 addition to any and all other liability Guarantor may have in any other capacity, including without limitation, its capacity as a general partner.
Appears in 1 contract
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Indebtedness Obligations for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other indebtedness of Borrower to Lender may, except to the extent paid by Guarantor on the Indebtedness Obligations or specifically required by law or agreement of Lender to be applied to the IndebtednessObligations, in Lender’s sole discretion, be applied upon indebtedness of Borrower to Lender other than the IndebtednessObligations. 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 addition to any and all other liability Guarantor may have in any other capacity, including without limitation, its capacity as a general partner.
Appears in 1 contract
Samples: Limited Guaranty Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender Administrative Agent other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender Administrative Agent hereunder shall be cumulative of any and all other rights that Lender Administrative Agent may have against Guarantor. If Borrower is or becomes indebted to Lender Administrative Agent for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other indebtedness of Borrower to Lender Administrative Agent may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of Lender Administrative Agent to be applied to the Indebtedness, in Lender’s Administrative Agent's sole discretion, be applied upon indebtedness of Borrower to Lender Administrative Agent other than the Indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s 's liability under this Guaranty is in addition to any and all other liability Guarantor may have in any other capacity.
Appears in 1 contract
Samples: Guaranty Agreement (MGM Mirage)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other indebtedness of Borrower to Lender may, except to the extent paid by Guarantor on the Indebtedness or specifically required by law or agreement of Lender to be applied to the Indebtedness, in Lender’s 's sole discretion, be applied upon indebtedness of Borrower to Lender other than the Indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s 's liability under this Guaranty is in addition to any and all other liability Guarantor may have in any other capacity.
Appears in 1 contract
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may have against Guarantor. If Borrower is or becomes indebted to Lender for any indebtedness other than or in excess of the Indebtedness Guaranteed Obligations for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other any indebtedness of Borrower to Lender may, except to the extent paid by Guarantor on the Indebtedness Guaranteed Obligations for which Guarantor is liable under this Guaranty or specifically required by law or agreement of Lender to be applied to the IndebtednessGuaranteed Obligations for which Guarantor is liable under this Guaranty, in Lender’s sole discretion, be applied upon indebtedness of Borrower to Lender other than the IndebtednessGuaranteed Obligations for which Guarantor is liable under this Guaranty. 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 addition to any and all other liability Guarantor may have in any other capacity, including, without limitation, its capacity as a general partner.
Appears in 1 contract
Samples: Recourse Carve Out Guaranty (American Realty Capital Trust III, Inc.)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Administrative Agent or any Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Administrative Agent or such Lender hereunder shall be cumulative of any and all other rights that Administrative Agent or such Lender may 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 Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon 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 Administrative Agent or such Lender to be applied to the Indebtedness, in the sole discretion of Administrative Aged or such Lender’s sole discretion, be applied upon indebtedness of Borrower to Administrative Agent or such Lender other than the 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 addition to any and all other liability Guarantor may have in any other capacity.
Appears in 1 contract
Other Liability of Guarantor or Borrower. If the Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by the Borrower to the Administrative Agent or any Lender other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender the Administrative Agent and the Lenders hereunder shall be cumulative of any and all other rights that the Administrative Agent or any Lender may have against the Guarantor. If the Borrower is or becomes indebted to the Administrative Agent or any Lender for any indebtedness other than or in excess of the Indebtedness for which the Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other indebtedness of the Borrower to the Administrative Agent or such Lender may, except to the extent paid by the Guarantor on the Indebtedness or specifically required by law or agreement of Lender the Administrative Agent to be applied to the Indebtedness, in Lenderthe Administrative Agent’s sole discretion, be applied upon indebtedness of the Borrower to the Administrative Agent or such Lender other than the Indebtedness. This Guaranty is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, the Guarantor’s liability under this Guaranty is in addition to any and all other liability the Guarantor may have in any other capacity, including without limitation, its capacity as a general partner.
Appears in 1 contract
Samples: Guaranty Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Other Liability of Guarantor or Borrower. If Guarantor is or becomes liable, by endorsement or otherwise, for any indebtedness owing by Borrower to Lender Bank other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby, and the rights of Lender Bank hereunder shall be cumulative of any and all other rights that Lender Bank may have against Guarantor. If Borrower is or becomes indebted to Lender Bank for any indebtedness other than or in excess of the Indebtedness for which Guarantor is liable under this Guaranty, any payment received or recovery realized upon such other any indebtedness of Borrower to Lender Bank may, except to the extent paid by Guarantor on the Indebtedness for which Guarantor is liable under this Guaranty or specifically required by law or agreement of Lender Bank to be applied to the IndebtednessIndebtedness for which Guarantor is liable under this Guaranty, in Lender’s Bank's sole discretion, be applied upon indebtedness of Borrower to Lender Bank other than the Indebtedness. This Guaranty Indebtedness for which Guarantor is independent of (and shall not be limited by) any other guaranty now existing or hereafter given. Further, Guarantor’s liability liable under this Guaranty is in addition to any and all other liability Guarantor may have in any other capacityGuaranty.
Appears in 1 contract
Samples: Credit Agreement (Plasma Therm Inc)