Common use of Payments Held in Trust Clause in Contracts

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 142 contracts

Samples: Guaranty Agreement (Nexpoint Diversified Real Estate Trust), Guaranty (Kilroy Realty, L.P.), Guaranty (Stratus Properties Inc)

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Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, paymentpayments, claim or distribution claims and/or distributions which is are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or and/or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 23 contracts

Samples: Guaranty of Recourse Obligations (Alexanders Inc), Guaranty (Alexanders Inc), Limited Recourse Guaranty (Generation Income Properties, Inc.)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary contained in this Guaranty, in the event that any Guarantor should receive any funds, paymentpayments, claim or distribution claims and/or distributions which is are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or and/or distributions so receivedreceived and not previously paid to Lender, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.

Appears in 11 contracts

Samples: Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Guaranty (Hospitality Investors Trust, Inc.), Mezzanine Guaranty (Hospitality Investors Trust, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to LenderServicer for the ratable benefit of the Lenders, and Guarantor covenants promptly to pay the same to LenderServicer for the ratable benefit of the Lenders.

Appears in 9 contracts

Samples: Second Mezzanine Loan Agreement (Harrahs Entertainment Inc), Ninth Mezzanine Loan Agreement (Harrahs Entertainment Inc), Fourth Mezzanine Loan Agreement (Harrahs Entertainment Inc)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that any Guarantor should shall receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.

Appears in 8 contracts

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

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should shall receive any funds, paymentpayments, claim or distribution claims and/or distributions which is are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or and/or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 8 contracts

Samples: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)

Payments Held in Trust. In the event thatIf, notwithstanding anything to the contrary contained in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guarantyhereunder, Guarantor covenants and agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and Guarantor acknowledges and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received received, except to pay them promptly to Lender, and Guarantor hereby covenants and agrees promptly to pay the same to Lender.

Appears in 7 contracts

Samples: Guaranty of Recourse Obligations (Stratus Properties Inc), Guaranty of Recourse Obligations (Strategic Storage Trust VI, Inc.), Guaranty of Recourse Obligations (Strategic Storage Trust VI, Inc.)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or and distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 7 contracts

Samples: Guaranty, Guaranty (Owens Realty Mortgage, Inc.), Guaranty (Owens Realty Mortgage, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender Buyer an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of to promptly pay such funds, payments, claims or distributions so received except amounts to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to LenderBuyer.

Appears in 7 contracts

Samples: Guaranty Agreement (Colony NorthStar Credit Real Estate, Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that Guarantor should shall receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 7 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)

Payments Held in Trust. In the event thatIf, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 6 contracts

Samples: Loan Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc), Guaranty Agreement (Natural Gas Services Group Inc)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary contained in this Guaranty, any Guarantor should shall receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.

Appears in 5 contracts

Samples: Third Mezzanine Closing Guaranty of Completion (Morgans Hotel Group Co.), Closing Guaranty of Completion (Morgans Hotel Group Co.), Guaranty of Completion (Morgans Hotel Group Co.)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, if Guarantor should receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender Lessor an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to LenderLessor, and Guarantor covenants promptly to pay the same to LenderLessor.

Appears in 5 contracts

Samples: Guaranty of Lease (Crescent Operating Inc), Master Guaranty (Crescent Operating Inc), Guaranty of Lease (Crescent Operating Inc)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to LenderLender for application to the Debt.

Appears in 5 contracts

Samples: Guaranty Agreement (Harrahs Entertainment Inc), Completion Guaranty (Bh Re LLC), Guaranty Agreement (Bh Re LLC)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary contained in this Guaranty, in the event that any Guarantor should receive any funds, paymentpayments, claim or distribution claims and/or distributions which is are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or and/or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.

Appears in 4 contracts

Samples: Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Generation Income Properties, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 4 contracts

Samples: Guaranty Agreement (Global Net Lease, Inc.), Mezzanine Guaranty Agreement (New York REIT, Inc.), Guaranty Agreement (New York REIT, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 3 contracts

Samples: Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty Agreement (Behringer Harvard Reit I Inc)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it Guarantor shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 3 contracts

Samples: Guaranty of Completion and Non Recourse Carve Outs (Sentio Healthcare Properties Inc), Guaranty (Carter Validus Mission Critical REIT, Inc.), Guaranty (Grubb & Ellis Healthcare REIT II, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this GuarantyGuaranty is required to be paid to Lender, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 2 contracts

Samples: Guaranty of Recourse Obligations (reAlpha Tech Corp.), Guaranty of Recourse Obligations (reAlpha Tech Corp.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or and/or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 2 contracts

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

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that any Guarantor should shall receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 2 contracts

Samples: Guaranty of Recourse Obligations (Unsecured) (Inland Diversified Real Estate Trust, Inc.), Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, received and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 2 contracts

Samples: Guaranty (Infousa Inc), Guaranty (Infousa Inc)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that the Guarantor should shall receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, the Guarantor agrees to hold in trust for Lender the Agent, an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lenderthe Agent, and the Guarantor covenants promptly to pay the same to Lenderthe Agent.

Appears in 2 contracts

Samples: Guaranty (Emrise CORP), Guaranty (Emrise CORP)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so receivedreceived in violation of this Guaranty, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to LenderLender to the extent of any unpaid Guaranteed Obligations.

Appears in 2 contracts

Samples: Guaranty Agreement (Five Point Holdings, LLC), Mezzanine Guaranty Agreement (Five Point Holdings, LLC)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by that this GuarantyGuaranty prohibits Guarantor from receiving, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all such funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 2 contracts

Samples: Guaranty Agreement (Moody National REIT I, Inc.), Guaranty Agreement (Moody National REIT I, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this GuarantyAgreement, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this GuarantyAgreement, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Limited Recourse Carve Out Guaranty (Arcimoto Inc)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that Guarantor should receive any funds, paymentpayments, claim claims or distribution distributions which is would be prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender Noteholder an amount equal to the amount of all such funds, payments, claims or distributions so received, and agrees that it Guarantor shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to LenderNoteholder, and Guarantor covenants promptly to pay the same to LenderNoteholder.

Appears in 1 contract

Samples: Guaranty (Pacific Sunwear of California Inc)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender, to the fullest extent permitted by law.

Appears in 1 contract

Samples: Guaranty Agreement (BlueLinx Holdings Inc.)

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Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that any Guarantor should shall receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Guaranty (Assisted 4 Living, Inc.)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that any Guarantor should receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

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

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, a Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and each Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Guaranty (GMH Communities Trust)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor Gxxxxxxxx agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Carry Guaranty Agreement (ACRES Commercial Realty Corp.)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that a Guarantor should shall receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount amount. equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over over- the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Guaranty Agreement (Inland Real Estate Income Trust, Inc.)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that any Guarantor should shall receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender the Agent, an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lenderthe Agent, and each Guarantor covenants promptly to pay the same to Lenderthe Agent.

Appears in 1 contract

Samples: Guaranty (Emrise CORP)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Non Recourse Guaranty (Net Element International, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, any Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Guaranty (Ventas Inc)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, . Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, . and Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Supplemental Guaranty of Recourse Obligations (KBS Real Estate Investment Trust, Inc.)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Guaranty (Inland Real Estate Income Trust, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the [23525-0009-000000/SB043500.178] --GUARANTY amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Guaranty (Emeritus Corp\wa\)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which that is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender Agent an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to LenderAgent, and Guarantor covenants promptly to pay the same to LenderAgent.

Appears in 1 contract

Samples: Limited Guaranty Agreement (Innotrac Corp)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, any Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor it agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lender, and Guarantor it covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Guaranty of Recourse Obligations (Ventas Inc)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor Guarantors should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, Guarantor agrees Guarantors agree to hold in trust for Lender Buyer an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees agree that it they shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to LenderBuyer, and Guarantor covenants Guarantors covenant promptly to pay the same to LenderBuyer.

Appears in 1 contract

Samples: Guaranty (Gramercy Capital Corp)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this GuarantyGuaranty and which should have been paid to or received by Buyer pursuant to the Transaction Documents, Guarantor agrees to hold in trust for Lender Buyer an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of to promptly pay such funds, payments, claims or distributions so received except amounts to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to LenderBuyer.

Appears in 1 contract

Samples: Guaranty (Blackstone Mortgage Trust, Inc.)

Payments Held in Trust. In the event that, notwithstanding anything to the contrary in this Guaranty, Guarantor should receive any funds, payment, claim or distribution which is prohibited by this Guaranty, then Guarantor agrees to hold in trust for Lender Administrative Agent an amount equal to the amount of all funds, payments, claims or distributions so receivedreceived (but only to the extent of the Guaranteed Obligations), and Guarantor further agrees that it shall have absolutely no dominion over (or equitable or beneficial ownership of) the amount of such funds, payments, claims or distributions so received except to pay them promptly to Lenderreceived, and Guarantor covenants promptly to pay the same to LenderAdministrative Agent.

Appears in 1 contract

Samples: Carveout Guaranty (Trinity Place Holdings Inc.)

Payments Held in Trust. In the event that, notwithstanding Notwithstanding anything to the contrary in this Guaranty, in the event that any Guarantor should receive any shall receiveany funds, paymentpayments, claim claims or distribution distributions which is are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or and/or ​ distributions so received except to pay them such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.

Appears in 1 contract

Samples: Completion Guaranty Agreement (Lodging Fund REIT III, Inc.)

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