Subordinated Guaranties. The guaranties of certain subsidiaries of the Borrower of the obligations of the Borrower under the Refinancing Notes pursuant to the Refinancing Note Indenture which are subordinated to the repayment of the Obligations in accordance with the terms of the Refinancing Note Indenture.
Subordinated Guaranties. (i) The Borrower or any Subsidiary shall fail to comply with the terms of any subordination provisions of a Subordinated Guaranty; (ii) any of the subordination provisions of a Subordinated Guaranty becomes null and void or unenforceable against any beneficiary of such Subordinated Guaranty; (iii) the Borrower or any Subsidiary shall assert in writing that any of the subordination provisions of a Subordinated Guaranty shall (x) not be, in whole or in part, legally valid, binding and enforceable against any party thereto (or against any Person on whose behalf any such party makes any covenants or agreements therein), or (y) otherwise not be effective to create the rights and obligations purported to be created thereunder; or (iv) as a result of legal action of the Borrower or any Subsidiary, the Obligations shall not have the priority contemplated by the subordination provisions of a Subordinated Guaranty.
Subordinated Guaranties. 8 3.04 Litigation.................................................................................8 3.05 Approvals..................................................................................8 3.06 Material Adverse Change, Etc...............................................................8 3.07 No Default; Representations and Warranties.................................................9 SECTION 4. Representations, Warranties and Agreements.........................................................9
Subordinated Guaranties. On the Closing Date, each Subsidiary of the Borrower shall have duly authorized, executed and delivered a Reaffirmation of its Subordinated Guaranty in the form of Exhibit H (as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof, the "Subordinated Guaranty"), and the Subordinated Guaranty shall be in full force and effect.
Subordinated Guaranties. Each Subordinated Subsidiary Guarantor hereby unconditionally and irrevocably guarantees, jointly and severally, to each Holder and to the Trustee and its successors and assigns (a) the full and punctual payment of principal of, premium, if any, and interest on the Securities when due, whether at maturity, by acceleration, by redemption or otherwise, and all other monetary obligations of the Company under this Indenture and the Securities and (b) the full and punctual performance within applicable grace periods of all other obligations of the Company under this Indenture and the Securities (all the foregoing being hereinafter collectively called the "Guaranteed Obligations"). Each Subordinated Subsidiary Guarantor further agrees that the Guaranteed Obligations may be extended or renewed, in whole or in part, without notice or further assent from such Subordinated Subsidiary Guarantor and that such Subordinated Subsidiary Guarantor will remain bound under this Article XII notwithstanding any extension or renewal of any Guaranteed Obligation. Each Subordinated Subsidiary Guarantor waives presentation to, demand of, payment from and protest to the Company of any of the Guaranteed Obligations and also waives notice of protest for nonpayment. Each Subordinated Subsidiary Guarantor waives notice of any default under the Securities or the Guaranteed Obligations. The obligations of each Subordinated Subsidiary Guarantor hereunder shall not be affected by (a) the failure of any Holder or the Trustee to assert any claim or demand or to enforce any right or remedy against the Company or any other Person under this Indenture, the Securities or any other agreement or otherwise; (b) any extension or renewal of any thereof; (c) any rescission, waiver, amendment or modification of any of the terms or provisions of this Indenture, the Securities or any other agreement; (d) the release of any security held by any Holder or the Trustee for the Guaranteed Obligations or any of them; (e) the failure of any Holder or the Trustee to exercise any right or remedy against any other guarantor of the Guaranteed Obligations; or (f) any change in the ownership of such Subordinated Subsidiary Guarantor. Each Subordinated Subsidiary Guarantor further agrees that its Subordinated Guaranty herein constitutes a guarantee of payment, performance and compliance when due (and not a guarantee of collection) and waives any right to require that any resort be had by any Holder or the Trustee to a...
Subordinated Guaranties. 55 Section 8.
Subordinated Guaranties. The Agent shall have received a ----------------------- Subordinated Guaranty, duly executed by each Subordinated Guarantor, each of which Subordinated Guaranties shall be dated the Initial Funding Date.
Subordinated Guaranties. Any provision of any Subordinated ----------------------- Guaranty after delivery thereof under Section 3 shall for any reason cease to be valid and binding on any Subordinated Guarantor party thereto, or any Subordinated Guarantor shall so state in writing; then, and in any such event, and at any time thereafter, if any Event of Default shall then be continuing, the Agent, upon the written request of the Required Lenders, shall by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Agent, any Lender or the holder of any Note to enforce its claims against any Loan Party (provided -------- that, if an Event of Default specified in Section 7.05 shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Agent to the Borrower as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Subsequent Commitment terminated, whereupon all Commitments of each Lender remaining at such time shall forthwith terminate immediately and any fees in connection therewith shall become due and payable without any other notice of any kind; (ii) declare the principal of and any accrued interest in respect of all Loans and the Notes and all Obligations to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; and (iii) exercise any rights or remedies under any Subordinated Guaranty.
Subordinated Guaranties. The guaranties of certain subsidiaries of the Borrower of the obligations of the Borrower under the Subordinated Notes pursuant to the Subordinated Note Indenture and the Refinancing Notes pursuant to the Refinancing Note Indenture which, in each case, are subordinated to the repayment of the Obligations in accordance with the terms of the Subordinated Note Indenture and the Refinancing Note Indenture, respectively. Subordinated Note Documents. Each of the documents, instruments and other agreements entered into or delivered by the Borrower (including, without limitation, the Subordinated Notes and the Subordinated Note Indenture) and/or any Subsidiary of the Borrower relating to the issuance by the Borrower of the Subordinated Notes and any guaranties or other documents related thereto, as in effect on February 12, 1999, and as the same may be supplemented, amended or modified from time to time in accordance with the terms hereof (including, without limitation, §10.8) and thereof. Subordinated Note Indenture. The Indenture, dated as of February 12, 1999, by and between the Borrower and Bank of New York (as successor to IBJ Whitehall Bank & Trust Company), as trustee thereunder, with respect to the Subordinated Notes, as in effect on February 12, 1999 and as the same may be supplemented, amended or modified from time to time in accordance with the terms hereof (including, without limitation, §10.8) and thereof. Subordinated Notes. The 8.125% Subordinated Notes due 2009 in the aggregate principal amount of $300,000,000 issued by the Borrower under the Subordinated Note Indenture.
Subordinated Guaranties. Knollwood Mall, LLC — Limited Guaranty made by Borrower for the benefit of U.S. Bank National Association, as successor Trustee to Bank of America, N.A., National Association, as Trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2005-C22, dated as of December 19, 2011.
