Common use of Primary Liability of Guarantor Clause in Contracts

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performance. Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any and all rights to which Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require Administrative Agent, on behalf of the Lenders, to take prior recourse or proceedings against any collateral, security or Person (hereinafter defined) whatsoever.

Appears in 4 contracts

Samples: Guaranty Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.), Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performance. Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any and all rights to which Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require Administrative Agent, on behalf of the Lenders, Agent or Lenders to take prior recourse or proceedings against any collateral, security or Person (hereinafter defined) whatsoever.

Appears in 3 contracts

Samples: Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust), Rents and Security Agreement (Acadia Realty Trust)

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performance. Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any and all rights to which Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require Administrative Agent, on behalf of the Lenders, Lender to take prior recourse or proceedings against any collateral, security or Person (hereinafter defined) other party whatsoever.

Appears in 3 contracts

Samples: Guaranty Agreement (Tullys Coffee Corp), Guaranty Agreement (Tullys Coffee Corp), Guaranty Agreement (Tullys Coffee Corp)

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performancepayment. Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any and all rights to which Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require Administrative Agent, on behalf of the Lenders, Agent to take prior recourse or proceedings against any collateral, security or Person (hereinafter defined) whatsoever.

Appears in 2 contracts

Samples: Guaranty Agreement (FelCor Lodging Trust Inc), Construction Loan Agreement (FelCor Lodging Trust Inc)

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performancepayment. Guarantor shall be liable for the payment and performance of the Guaranteed Obligations Obligations, as set forth in this Guaranty, as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any and all rights to which Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require Administrative Agent, on behalf of the Lenders, Lender to take prior recourse or proceedings against any collateral, security or Person whatsoever (hereinafter defined) whatsoeverincluding, without limitation, any balance of any deposit account or credit on the books of Lender in favor of Borrower, Guarantor or any other Person).

Appears in 2 contracts

Samples: American Realty Capital Trust III, Inc., Moody National REIT I, Inc.

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performance. Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any and all rights to which Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require Administrative Agent, on behalf of the Lenders, Lender to take prior recourse or proceedings against any collateral, security or Person (hereinafter defined) whatsoever.

Appears in 2 contracts

Samples: Term Loan Agreement (Acadia Realty Trust), Guaranty Agreement (Interline Resources Corp)

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performancepayment. Guarantor shall be liable for the payment and performance of the Guaranteed Obligations Obligations, as set forth in this Guaranty, as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any and all rights to which Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including time and any other any right or privilege, whether existing under statute, at law or in equity, to require Administrative Agent, on behalf of the Lenders, Lender to take prior recourse or proceedings against any collateral, security or Person (hereinafter defined) other party whatsoever.

Appears in 1 contract

Samples: Guaranty Agreement (Inland Western Retail Real Estate Trust Inc)

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Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performancepayment. Guarantor shall be liable for the payment and performance of the Guaranteed Obligations Obligations, to the extent set forth in Section 2, as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, any and all rights to which Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require Administrative Agent, on behalf of the Lenders, to take prior recourse or proceedings against any collateralCollateral, security or Person (hereinafter defined) whatsoever.

Appears in 1 contract

Samples: Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performance. Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and Guarantor hereby expressly waives, to the extent permitted by applicable law, any and all rights to which Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require Administrative Agent, on behalf of the Lenders, Agent or any Lender to take prior recourse or proceedings against any collateral, security or Person (hereinafter defined) whatsoever.

Appears in 1 contract

Samples: Guaranty Agreement (Ares Commercial Real Estate Corp)

Primary Liability of Guarantor. (a) This Guaranty is an absolute, irrevocable and unconditional guaranty of payment and performance. The Guarantor shall be liable for the payment and performance of the Guaranteed Obligations as a primary obligor. This Guaranty shall be effective as a waiver of, and the Guarantor hereby expressly waives, any and all rights to which the Guarantor may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require the Administrative Agent, on behalf of the Lenders, Agent to take prior recourse or proceedings against any collateral, security or Person (hereinafter defined) whatsoever.

Appears in 1 contract

Samples: Guaranty Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

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