Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 25 contracts
Samples: Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) otherwise as a result of Guarantor’s payment of all or a portion of the Guaranteed ObligationsLiabilities. Upon Until the occurrence Liabilities shall be paid and satisfied in full and Guarantor shall have performed all of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Defaultits obligations hereunder, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor ClaimsClaims if an Event of Default exists at the time of such receipt or collection.
Appears in 18 contracts
Samples: Guaranty Agreement (Enterprise Products Partners L.P.), Guaranty Agreement (Enterprise Products Partners L.P.), Guaranty Agreement (Enterprise Products Partners L.P.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 14 contracts
Samples: Guaranty (Brixmor Property Group Inc.), Senior Mezzanine Guaranty (Brixmor Property Group Inc.), Guaranty (Brixmor Property Group Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be are direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed ObligationsObligations to the extent the provisions of Section 1.10 hereof are unenforceable. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 10 contracts
Samples: Guaranty (Ashford Hospitality Trust Inc), Guaranty (Ashford Hospitality Trust Inc), Guaranty (Ashford Hospitality Trust Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower the Class B Member, the Company or any of the Subsidiaries to Guarantorany one or more of the Guarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower such Person thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by Guarantorthe applicable Guarantor or Guarantors. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor any one or both of the Guarantors against Borrower the Class B Member, the Company or any of the Subsidiaries (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default Obligations by any Guarantor or the occurrence Guarantors. Until the Redemption Price shall have been paid in full (subject to the terms of an event which wouldSection 6.14 regarding reinstatement of this Guaranty), with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower e Class B Member, the Company, any of the Subsidiaries or any other party Person obligated to the Class A Member any amount upon the Guarantor Claims.
Appears in 9 contracts
Samples: Bad Boy Guaranty (W2007 Grace Acquisition I Inc), Mandatory Redemption Guaranty (W2007 Grace Acquisition I Inc), Bad Boy Guaranty (American Realty Capital Hospitality Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations remain outstanding, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 8 contracts
Samples: Guaranty of Recourse Obligations (Alexanders Inc), Guaranty (Alexanders Inc), Guaranty Agreement (Terra Tech Corp.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower Seller to GuarantorGuarantor arising as the consequence of this Guaranty or the payment or other performance by Guarantor hereunder, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower Seller thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower Seller (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower Seller or any other party any amount upon for the Guarantor ClaimsClaims until payment in full of the Guaranteed Obligations.
Appears in 7 contracts
Samples: Guaranty Agreement (KKR Real Estate Finance Trust Inc.), Guaranty Agreement (Colony NorthStar Credit Real Estate, Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be are evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment and performance of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Indebtedness, the Obligations or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations remains outstanding, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 7 contracts
Samples: Guaranty (Owens Realty Mortgage, Inc.), Guaranty (Owens Realty Mortgage, Inc.), Guaranty (IMH Financial Corp)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence and during the continuance of an Event of Default or and upon written notice from Lender to Guarantor of the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an such Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 6 contracts
Samples: Guaranty (Prime Group Realty Trust), Guaranty (Prime Group Realty Trust), Guaranty (Prime Group Realty Trust)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of each Borrower or Operating Lessee to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of any Borrower or Operating Lessee thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by any note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against any Borrower or Operating Lessee (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations remain outstanding, Guarantor shall not receive or collect, directly or indirectly, from Borrower any Borrower, Operating Lessee or any other party Person any amount upon the Guarantor Claims.
Appears in 6 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)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Guarantor’s Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, ; or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Guarantor’s Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed ObligationsDebt. Upon the occurrence of an Event of Default (as defined in the Loan Agreement) or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Guarantor’s Claims.
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)
Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of the Borrower or any Subsidiary of the Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of the Borrower or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower (or any Subsidiary of the Borrower arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from the Borrower or any Subsidiary of the Borrower or any other party any amount upon the Guarantor Claims.
Appears in 6 contracts
Samples: Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.), Second Lien Credit Agreement (Quintana Energy Services Inc.)
Subordination of All Guarantor Claims. As used herein, the term “------------------------------------- "Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) otherwise as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsLiabilities. Upon During the occurrence continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an any Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 5 contracts
Samples: Guaranty Agreement (St Mary Land & Exploration Co), Credit Agreement (St Mary Land & Exploration Co), Guaranty Agreement (St Mary Land & Exploration Co)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) otherwise as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsLiabilities. Upon Until the occurrence Liabilities shall be paid and satisfied in full and Guarantor shall have performed all of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Defaultits obligations hereunder, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor ClaimsClaims if an Event of Default exists at the time of such receipt or collection.
Appears in 5 contracts
Samples: Guaranty Agreement (Enterprise Products Partners L.P.), Guaranty Agreement (Enterprise Products Partners L.P.), Guaranty Agreement (Enterprise Products Partners L P)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Secured Obligations or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations remain outstanding, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 5 contracts
Samples: Guaranty of Recourse Obligations (TPG RE Finance Trust, Inc.), Guaranty of Recourse Obligations (TPG RE Finance Trust, Inc.), Guaranty of Recourse Obligations (TPG RE Finance Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantorany one or both of the Guarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by Guarantorthe applicable Guarantor or Guarantors. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor any one or both of the Guarantors against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default Obligations by any Guarantor or the occurrence Guarantors. So long as any portion of an event which would, with the giving of notice Obligations or the passage of timeGuaranteed Obligations remain outstanding, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person obligated to Lender any amount upon the Guarantor Claims.
Appears in 5 contracts
Samples: Mezzanine Guaranty (Hospitality Investors Trust, Inc.), Mezzanine Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower Lessee to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower Lessee thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower Lessee (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsObligations to the extent the provisions of Article II(f) hereof are unenforceable. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower Lessee or any other party any amount upon the Guarantor Claims.
Appears in 4 contracts
Samples: Guaranty of Lease (Crescent Operating Inc), Guaranty of Lease (Crescent Operating Inc), Guaranty of Lease (Crescent Operating Inc)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsDebt. Upon Until the occurrence Guaranteed Debt shall be paid and satisfied in full and Guarantor shall have performed all of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Defaultits obligations hereunder, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 4 contracts
Samples: Unconditional Guaranty Agreement, Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)
Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of either Borrower or any Subsidiary of either Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of such Borrower or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against either Borrower (or any Subsidiary of either Borrower arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon Until the occurrence Obligations shall be paid and satisfied in full, all Revolving Commitments have expired or been terminated and all Letters of an Event of Default Credit have expired or been cash collateralized on the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, terms set forth in this Agreement and each Guarantor shall not have performed all of its obligations hereunder, no Guarantor shall receive or collect, directly or indirectly, from either Borrower or any Subsidiary of either Borrower or any other party any amount upon the Guarantor Claims.
Appears in 4 contracts
Samples: Credit Agreement (MxEnergy Holdings Inc), Credit Agreement (MxEnergy Holdings Inc), Credit Agreement (Total Gas & Electricity (PA) Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be are direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed ObligationsObligations to the extent the provisions of Section 1.10 hereof are unenforceable. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of a Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 4 contracts
Samples: Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.), Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.), Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of the Borrower or any Subsidiary of the Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of the Borrower or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower (or any Subsidiary of the Borrower arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon Until the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Obligations shall be paid and satisfied in full and each Guarantor shall not have performed all of its obligations hereunder, no Guarantor shall receive or collect, directly or indirectly, from the Borrower or any Subsidiary of the Borrower or any other party any amount upon the Guarantor ClaimsClaims during the occurrence and continuance of an Event of Default.
Appears in 4 contracts
Samples: Credit Agreement (Brigham Exploration Co), Credit Agreement (Brigham Exploration Co), Credit Agreement (Brigham Exploration Co)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of a Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 4 contracts
Samples: Guaranty Agreement (Maguire Properties Inc), Guaranty Agreement (Maguire Properties Inc), Guaranty Agreement (Maguire Properties Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, and in each case while such Event of Default or event is continuing, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 4 contracts
Samples: Non Recourse Guaranty (Maguire Properties Inc), Non Recourse Guaranty (Maguire Properties Inc), Non Recourse Guaranty (Maguire Properties Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations remains outstanding, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 4 contracts
Samples: Mezzanine Guaranty of Recourse Obligations (Brookfield DTLA Fund Office Trust Investor Inc.), Guaranty of Recourse Obligations (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 3 contracts
Samples: Guaranty Agreement (Capitalsource Inc), Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty Agreement (Capitalsource Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower Borrower, Operating Lessee and each other Loan Party to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower Borrower, Operating Lessee or any other Loan Party thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower Borrower, Operating Lessee or any other Loan Party (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon During the occurrence continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 3 contracts
Samples: Guaranty Agreement (CorePoint Lodging Inc.), Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to GuarantorGuarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by GuarantorGuarantors. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor Guarantors against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s Guarantors’ payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which wouldGuaranteed Obligations remain outstanding, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 3 contracts
Samples: Guaranty of Recourse Obligations (Generation Income Properties, Inc.), Guaranty of Recourse Obligations (American Realty Capital Hospitality Trust, Inc.), Guaranty of Recourse Obligations (American Realty Capital Hospitality Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower any Loan Party to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower such Loan Party thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against Borrower any Loan Party (arising as a result of subrogation or otherwise) as a result of any Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower any Loan Party or any other party any amount upon the any Guarantor ClaimsClaim.
Appears in 3 contracts
Samples: Third Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 3 contracts
Samples: Guaranty (Glimcher Realty Trust), Guaranty of Recourse Obligations (Glimcher Realty Trust), Guaranty of Payment (Glimcher Realty Trust)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed ObligationsObligations to the extent the provisions of Paragraph 1.4 hereof are unenforceable. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 3 contracts
Samples: Guaranty (Strategic Storage Trust, Inc.), Guaranty (NNN Healthcare/Office REIT, Inc.), Guaranty (Maguire Properties Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of either Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of either Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against either Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of a Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from either Borrower or any other party any amount upon the Guarantor Claims.
Appears in 3 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Debt or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations remain outstanding, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 3 contracts
Samples: Completion Guaranty Agreement (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Unsecured) (Inland Diversified Real Estate Trust, Inc.), Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsObligations to the extent the provisions of Section 1.4 hereof are unenforceable. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 3 contracts
Samples: Guaranty (Emeritus Corp\wa\), Guaranty (Janus American Group Inc), Non Recourse Carve Out Guaranty (Supertel Hospitality Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower any Loan Party to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower such Loan Party thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of any Guarantor against Borrower any Loan Party (arising as a result of subrogation or otherwise) as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence and during the continuance of an Event of a monetary Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an any Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Loan Party any amount upon the Guarantor Claims.
Appears in 3 contracts
Samples: Guaranty of Completion (Morgans Hotel Group Co.), Guaranty of Completion (Morgans Hotel Group Co.), Third Mezzanine Closing Guaranty of Completion (Morgans Hotel Group Co.)
Subordination of All Guarantor Claims. As used herein, the ------------------------------------- term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) otherwise as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsLiabilities. Upon During the occurrence continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an any Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 3 contracts
Samples: Guaranty Agreement (St Mary Land & Exploration Co), Guaranty Agreement (St Mary Land & Exploration Co), Guaranty Agreement (St Mary Land & Exploration Co)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower any Loan Party to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower such Loan Party thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against Borrower any Loan Party (arising as a result of subrogation or otherwise) as a result of any Guarantor’s payment of all or a portion of the Guaranteed ObligationsObligation. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower any Loan Party or any other party any amount upon the any Guarantor ClaimsClaim.
Appears in 3 contracts
Samples: Second Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Third Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuation of an Event of Default or the occurrence and during the continuation of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty (Golf Ventures Inc), Guaranty (Golf Ventures Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event and during the continuance of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor ClaimsClaims until payment in full of the Debt.
Appears in 2 contracts
Samples: Guaranty Agreement (Bh Re LLC), Guaranty Agreement (Bh Re LLC)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsDebt. Upon the occurrence of an Event of Default (as defined in the Loan Documents) or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty Agreement (Behringer Harvard Reit I Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower the Borrowers to the Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower the Borrowers thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by the Guarantor. The Guarantor Claims shall include without limitation all rights and claims of the Guarantor against Borrower the Borrowers (arising as a result of subrogation or otherwise) as a result of the Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of a Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, the Guarantor shall not receive or collect, directly or indirectly, from any Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty (Emrise CORP), Guaranty (Emrise CORP)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon During the occurrence continuance of an Event of Default or the occurrence of an any event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty Agreement (Moody National REIT I, Inc.), Guaranty Agreement (Moody National REIT I, Inc.)
Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of any Borrower or any Restricted Subsidiary to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of such Borrower or such Restricted Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against any Borrower (or any Restricted Subsidiary arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon Until the occurrence of an Event of Default or the occurrence of an event which wouldObligations shall be paid and satisfied in full, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from any Borrower or any Restricted Subsidiary or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Credit Agreement (Vantage Drilling CO), Credit Agreement (Vantage Drilling CO)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower and Operating Lessee to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon such parties be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower or Operating Lessee (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon During the occurrence continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Operating Lessee any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty Agreement (Park Hotels & Resorts Inc.), Guaranty Agreement (Park Hotels & Resorts Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor ClaimsClaims until payment in full of the Debt.
Appears in 2 contracts
Samples: Guaranty Agreement (Harrahs Entertainment Inc), Guaranty Agreement (Bh Re LLC)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultDebt has not been indefeasibly paid in full, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Mezzanine Guaranty Agreement (Five Point Holdings, LLC), Guaranty Agreement (Five Point Holdings, LLC)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, several or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, account or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, created or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon Until receipt by Lender of payment in full of the Obligations, upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty Agreement (Griffin Capital Essential Asset REIT II, Inc.), Guaranty Agreement (Griffin Capital Essential Asset REIT, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower Seller to GuarantorGuarantor arising as the consequence of this Guaranty or the payment or other performance by Guarantor hereunder, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower Seller thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower Seller (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower Seller or any other party any amount upon the Guarantor ClaimsClaims until payment in full of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty (Blackstone Mortgage Trust, Inc.), Guaranty Agreement (LoanCore Realty Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower and each other Loan Party or Principal to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower or any other Loan Party thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower or any other Loan Party (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment or performance of all or a portion of the Guaranteed Obligations. Upon During the occurrence continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of any Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of any Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of any Guarantor against any Borrower (arising as a result of subrogation or otherwise) as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence and during the continuance of an Event of a monetary Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an any Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from any Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Closing Guaranty of Completion (Morgans Hotel Group Co.), Loan Agreement (Morgans Hotel Group Co.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed ObligationsObligations to the extent the provisions of Section 1.10 hereof are unenforceable. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty (Infousa Inc), Guaranty (Infousa Inc)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsObligations to the extent the provisions of Paragraph 1.4 hereof are unenforceable. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty (NNN Healthcare/Office REIT, Inc.), Guaranty (NNN Healthcare/Office REIT, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence and during the continuance of an Event of Default or the occurrence and during the continuance of an event a payment default which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc), Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of Default or Default, prior to the occurrence repayment of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultLoan, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty (Prime Group Realty Trust), Guaranty (Prime Group Realty Trust)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, and notice thereof given by Lender to Guarantor (except that no such notice to Guarantor shall be required if notice of such Event of Default, default or event shall have previously been given by Lender to Borrower), Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty of Recourse Obligations (reAlpha Tech Corp.), Guaranty of Recourse Obligations (reAlpha Tech Corp.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Guarantor’s Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Guarantor’s Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed ObligationsDebt. Upon the occurrence of an Event of Default (as defined in the Loan Documents) or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor hereby agrees that it shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor ClaimsClaims until the Guaranteed Debt has been paid in full.
Appears in 2 contracts
Samples: Guaranty (Carter Validus Mission Critical REIT, Inc.), Guaranty (Grubb & Ellis Healthcare REIT II, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations remain outstanding, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.,
Appears in 2 contracts
Samples: Guaranty Agreement (Terra Tech Corp.), Guaranty Agreement (Terra Tech Corp.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations remain outstanding, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims; provided, however, that for so long as (i) no Event of Default has occurred and is continuing, Guarantor may receive payments of distributions with respect to any stock or other ownership interest held by such Guarantor and (ii) no Event of Default exists, Borrower shall not be prohibited from voluntarily reimbursing Guarantor for any Guaranteed Obligations actually paid by Guarantor to Lender (provided, however, Guarantor shall not be able to assert any claim for such reimbursement).
Appears in 2 contracts
Samples: Guaranty (Ionis Pharmaceuticals Inc), Guaranty (Ionis Pharmaceuticals Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon Until payment in full of the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty Agreement (City Office REIT, Inc.), Guaranty Agreement (Glimcher Realty Trust)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) otherwise as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsLiabilities. Upon Until the occurrence Liabilities shall be paid and satisfied in full and Guarantor shall have performed all of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Defaultits obligations hereunder, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor ClaimsClaims if an Event of Default exists at the time of such receipt or collection.
Appears in 2 contracts
Samples: Guaranty Agreement (Enterprise Products Operating L P), Guaranty Agreement (Enterprise Products Operating L P)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean means all debts and liabilities of Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against Borrower (arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of If an Event of Default or the occurrence of an event which wouldhas occurred and is continuing, with the giving of notice or the passage of time, or both, constitute an Event of Default, then no Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: u.s. Revolving Credit Agreement (Brown Tom Inc /De), Canadian Revolving Credit Agreement (Brown Tom Inc /De)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to GuarantorGuarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by GuarantorGuarantors. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor Guarantors against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s Guarantors' payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which wouldGuaranteed Obligations remain outstanding, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 2 contracts
Samples: Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower Borrowers to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower Borrowers thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower Borrowers (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon During the occurrence continuance of an Event of Default or the occurrence continuance of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower Borrowers or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty of Recourse Carveouts (EnerJex Resources, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons any Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence and during the existence of an Event of Default Default, or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person, any amount upon the Guarantor Claims, until the indefeasible payment in full of the Loan Obligations and the Guaranteed Obligations.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower Tenant to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower Tenant thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower Tenant (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which wouldGuaranteed Obligations remain outstanding, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower Tenant or any other party Person any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Lease (Edible Garden AG Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of a monetary Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower Seller to GuarantorGuarantors arising as the consequence of this Guaranty or the payment or other performance by Guarantors hereunder, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower Seller thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by GuarantorGuarantors. The Guarantor Claims shall include without limitation all rights and claims of Guarantor Guarantors against Borrower Seller (arising as a result of subrogation or otherwise) as a result of Guarantor’s Guarantors’ payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower Seller or any other party any amount upon the Guarantor ClaimsClaims until payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (Gramercy Capital Corp)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower Borrower, Operating Lessee and each other Loan Party or Principal to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower Borrower, Operating Lessee or any other Loan Party thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower Borrower, Operating Lessee or any other Loan Party (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment or performance of all or a portion of the Guaranteed Obligations. Upon During the occurrence continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of So long as an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Defaultshall have occurred and be continuing, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Loan Agreement (Alexanders Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” "GUARANTOR CLAIMS" shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default and during the continuance thereof or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty of Non Recourse Exceptions Agreement (Wesco International Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of any Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of such Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be are evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against any Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment and performance of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations remains outstanding, Guarantor shall not receive or collect, directly or indirectly, from any Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower Issuers to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower Issuers thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower Issuers (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower Issuers or any other party Person any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower any Obligor to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower such Obligor thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against Borrower any Obligor (arising as a result of subrogation or otherwise) as a result of any Guarantor’s 's payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence and during the continuance of an Event of a Default or the occurrence and during the continuance of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of a Default, each Guarantor shall not receive or collect, directly or indirectly, from Borrower any Obligor or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty (Ventas Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) otherwise as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon Until the occurrence of an Event of Default or the occurrence of an event which wouldObligations shall be paid and satisfied in full, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor Guarantors shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower or any Subsidiary of the Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of Borrower or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (or any Subsidiary of the Borrower arising as a result of subrogation or otherwise) otherwise as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsLiabilities. Upon Until the occurrence Liabilities shall be paid and satisfied in full and Guarantor shall have performed all of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Defaultits obligations hereunder, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any Subsidiary of the Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty (Sothebys)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsDebt. Upon the occurrence of an Event of Default (as defined in the Loan Agreement) or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Repayment Guaranty (Inland Real Estate Income Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower or any Subsidiary of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower or any Subsidiary of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower or any Subsidiary of Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower, any Subsidiary of Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty Agreement (Centro NP LLC)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of any Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower such Borrower(s) thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against any Borrower (arising as a result of subrogation or otherwise) as a result of any Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from any Borrower or any other party any amount upon the any Guarantor ClaimsClaim.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons Person in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence and during the continuance of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty Agreement (Independence Realty Trust, Inc)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default or the occurrence of an event of which Guarantor has knowledge that would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty (Kilroy Realty, L.P.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultGuaranteed Obligations remain outstanding, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of the Borrower or any Subsidiary of the Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of the Borrower or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower (or any Subsidiary of the Borrower arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s 's payment of all or a portion of the Guaranteed Subordinated Obligations. Upon Until the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Subordinated Obligations shall be paid and satisfied in full and each Guarantor shall not have performed all of its obligations hereunder, no Guarantor shall receive or collect, directly or indirectly, from the Borrower or any Subsidiary of the Borrower or any other party any amount upon the Guarantor ClaimsClaims during the occurrence and the continuance of an Event of Default.
Appears in 1 contract
Samples: Subordinated Credit Agreement (Brigham Exploration Co)
Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsDebt. Upon the occurrence of an Event of Default (as defined in the Note) or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Repayment Guaranty (Inland Real Estate Income Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” "GUARANTOR CLAIMS" shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s 's payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence and during the continuation of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower Borrowers to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower Borrowers thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against any Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default and during the continuance thereof or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from any Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty Agreement (Inland American Real Estate Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon After the occurrence of an Event of Default or (as defined in the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultNote), Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty (MHI Hospitality CORP)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default and during the continuance thereof or the occurrence of an event which that would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor ClaimsClaims unless and until the Loan has been repaid in full.
Appears in 1 contract
Samples: Mezzanine Guaranty Agreement (Inland Residential Properties Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of each Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Debt or the occurrence of an event which wouldGuaranteed Obligations remain outstanding, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty (Assisted 4 Living, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been 90526306v6 or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty Agreement (Inland Diversified Real Estate Trust, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower any Individual Borrower, any Mezzanine 1 Borrower, any Mezzanine 2 Borrower, any Mortgage Loan Borrower, any Maryland Owner and/or any other Related Party to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower such entities thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower any Individual Borrower, any Mezzanine 1 Borrower, any Mezzanine 2 Borrower, any Mortgage Loan Borrower, any Maryland Owner and/or any other Restricted Party (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon Until repayment in full of the occurrence of an Event of Default or Debt, the occurrence of an event which wouldMortgage Loan and the Other Mezzanine Loans, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty and Indemnity Agreement (Ashford Hospitality Trust Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to GuarantorGuarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, or and whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be be, created, or the manner in which they have been been, or may hereafter be be, acquired by GuarantorGuarantors. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon So long as any portion of the occurrence of an Event of Default Obligations or the occurrence of an event which wouldGuaranteed Obligations remain outstanding, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party Person any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty Agreement (Altitude International Holdings, Inc.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) otherwise as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon Until the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of DefaultObligations shall be paid and satisfied in full, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Unconditional Guaranty Agreement (American Standard Energy Corp.)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of Whenever an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Defaultexists, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Samples: Guaranty of Completion and Non Recourse Carve Outs (Sentio Healthcare Properties Inc)
Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person Person or persons Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include include, without limitation limitation, all rights and claims of Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon the occurrence of an Event and during the continuance of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Default, Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the Guarantor Claims.
Appears in 1 contract
Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of the Borrower or any Restricted Subsidiary to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of the Borrower or such Restricted Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower (or any Restricted Subsidiary arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations. Upon Until the occurrence of an Event of Default or the occurrence of an event which wouldObligations shall be paid and satisfied in full, with the giving of notice or the passage of time, or both, constitute an Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from the Borrower or any Restricted Subsidiary or any other party any amount upon the Guarantor Claims.
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Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower Company to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations obligation of Borrower Company thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the person or persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by Guarantor. The Guarantor Claims shall include without limitation all rights and claims of Guarantor against Borrower (Company arising as a result of subrogation or otherwise) otherwise as a result of Guarantor’s 's payment of all or a portion of the Guaranteed ObligationsLiabilities. Upon Until the occurrence Liabilities shall be paid and satisfied in full and Guarantor shall have performed all of an Event of Default or the occurrence of an event which would, with the giving of notice or the passage of time, or both, constitute an Event of Defaultits obligations hereunder, Guarantor shall not receive or collect, directly or indirectly, from Borrower Company or any other party any amount upon the Guarantor Claims.
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Samples: Guaranty Agreement (Enterprise Products Partners L P)