Common use of Term of Guaranty Clause in Contracts

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement.

Appears in 10 contracts

Samples: Priority Loan Facility (Venus Concept Inc.), Guaranty Agreement, Guaranty Agreement (Strategic Student & Senior Housing Trust, Inc.)

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Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to Guarantor, this Guaranty shall continue in effect (i) with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive the full and final payment of the indebtedness evidenced by the Note, (ii) with respect to all obligations and liabilities of Guarantor under Section 11 and (iii) as provided in Section 4(b).

Appears in 6 contracts

Samples: Loan Agreement (Acadia Realty Trust), Term Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

Term of Guaranty. This Without limitation of the provisions of Section 4(b) hereof, this Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgementdischarged.

Appears in 3 contracts

Samples: Venus Concept Inc., Venus Concept Inc., Venus Concept Inc.

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to Guarantor, this Guaranty shall continue in effect (i) with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive the full and final payment of the indebtedness evidenced by the Note, (ii) with respect to all obligations and liabilities of Guarantor under Section 12 and (iii) as provided in Section 4(b).

Appears in 3 contracts

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

Term of Guaranty. This Guaranty shall continue in full force and effect until the Obligations are paid in full (other than contingent indemnification obligations). This Guaranty covers the Obligations whether presently outstanding or arising subsequent to the date hereof including all amounts advanced by the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period Lenders in stages or any other disgorgementinstallments.

Appears in 3 contracts

Samples: Credit Agreement (Timken Co), Assignment and Assumption (Timken Co), Credit Agreement (Timken Co)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to Guarantor, this Guaranty shall continue in effect (a) with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive the full and final payment of the indebtedness evidenced by the Note, (b) with respect to all obligations and liabilities of Guarantor under Section 10 and (c) as provided in Section 3(b).

Appears in 3 contracts

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

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to Guarantor, this Guaranty shall continue in effect (a) with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive the full and final payment of the indebtedness evidenced by the Note, (b) with respect to all obligations and liabilities of Guarantor under Section 10, and (c) as provided in Section 3(b).

Appears in 2 contracts

Samples: Guaranty Agreement (Prospect Acquisition Corp), Guaranty Agreement (Prospect Acquisition Corp)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed performed, and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to Guarantor, this Guaranty shall continue in effect (i) with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive the discharge of the Guaranteed Obligations, (ii) with respect to all obligations and liabilities of Guarantor under Section 11, and (iii) as provided in Section 4(b).

Appears in 2 contracts

Samples: Credit Agreement (Plasma Therm Inc), Guaranty Agreement (Newmark Homes Corp)

Term of Guaranty. This Guaranty shall continue in full force and effect with regard to each Guarantor and shall not be discharged or released until all such time as such Guarantor’s several portion of the Guaranteed Obligations set forth in Section 1 above and all of the obligations of other sums payable by such Guarantor to Lender under this Guaranty hereunder are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgementpaid in full.

Appears in 2 contracts

Samples: Subordinated Note Guaranty (Connecture Inc), Subordinated Note Guaranty (Connecture Inc)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed paid and discharged and are not subject to any bankruptcy preference period or any other disgorgementdischarged.

Appears in 2 contracts

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

Term of Guaranty. This Guaranty shall continue in effect until all of the Guaranteed Obligations and all of the obligations of Guarantor to Agent and to each Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement, including, without limitation, subsequent to, and notwithstanding, any return of the Guaranty to the Guarantor.

Appears in 1 contract

Samples: Guaranty Agreement (Ares Commercial Real Estate Corp)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations (whether by Borrowers, Guarantor or any other Person) and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other refund or disgorgement.

Appears in 1 contract

Samples: Guaranty Agreement (Resource Real Estate Opportunity REIT, Inc.)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to the Guarantor, this Guaranty shall continue in effect (a) with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive the full and final payment of the indebtedness evidenced by the Note, (b) with respect to all obligations and liabilities of the Guarantor under Section 12, and (c) as provided in Section 5(b).

Appears in 1 contract

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

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and Indebtedness of Borrower, and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement.

Appears in 1 contract

Samples: Guaranty Agreement (Limoneira CO)

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Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to Guarantor, this Guaranty shall continue in effect (a) with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive the full and final payment of the indebtedness evidenced by the Note, (b) with respect to all obligations and liabilities of Guarantor under Section 11, and (c) as provided in Section 4(b).

Appears in 1 contract

Samples: Guaranty Agreement (Tullys Coffee Corp)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to Guarantor, this Guaranty shall continue in effect (i) with respect to any bankruptcy preference period or any other disgorgementof the Obligations that survive the full and final payment of the indebtedness evidenced by the Note, and (ii) as provided in Section 7.

Appears in 1 contract

Samples: Loan Agreement (Coolbrands International Inc)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are Indebtedness is fully and finally paid, performed except that, and discharged notwithstanding any return of this Guaranty to Guarantor, this Guaranty shall continue in effect with respect to all obligations and are not subject to any bankruptcy preference period or any other disgorgementliabilities of Guarantor under Section 10 and as provided in Section 3(b).

Appears in 1 contract

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

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement.. XxxX/Xxxxxxxxx 00 Xxxxxxxx Agreement #438684v5

Appears in 1 contract

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

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to Principal of Borrower, this Guaranty shall continue in effect (a) with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive the full and final payment of the indebtedness evidenced by the Note, (b) with respect to all obligations and liabilities of Principal of Borrower under Section 11 and (c) as provided in Section 4(b).

Appears in 1 contract

Samples: Guaranty Agreement (Craftmade International Inc)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender Administrative Agent and Lenders under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Section 17.

Appears in 1 contract

Samples: Guaranty Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed performed, and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to Guarantor, this Guaranty shall continue in effect with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive a partial discharge of the Guaranteed Obligations.

Appears in 1 contract

Samples: Unconditional Guaranty Agreement (Penson Worldwide Inc)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paidpaid and discharged, performed except that, and discharged and are not subject notwithstanding any return of this Guaranty to Guarantors, this Guaranty shall continue in effect with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive a partial discharge of the Guaranteed Obligations.

Appears in 1 contract

Samples: Unconditional Guaranty Agreement (Penson Worldwide Inc)

Term of Guaranty. This Guaranty shall continue in effect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged discharged, except that, and are not subject notwithstanding any return of this Guaranty to Guarantor, this Guaranty shall continue in effect (a) with respect to any bankruptcy preference period or any other disgorgementof the Guaranteed Obligations that survive the full and final payment of the indebtedness evidenced by the Note, (b) with respect to all obligations and liabilities of Guarantor under Section 10. and (c) as provided in Section 3(b).

Appears in 1 contract

Samples: Guaranty Agreement (Prospect Acquisition Corp)

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