Common use of Triggered Guaranties Clause in Contracts

Triggered Guaranties. Concurrently herewith, Borrower shall cause each of the Wxxxx Guarantors to execute and deliver to Lender a Continuing Guaranty with respect to all of the Obligations, on Lender’s standard form, and certifications of trust or other evidence of authority with respect to the execution and delivery of such Guaranties. Said Guaranties (the “Triggered Guaranties”) shall provide that the guaranties therein become effective upon the occurrence of any of the following events (each, a “Trigger Event”): (i) any Event of Default or (ii) any Resolution Failure Trigger Event. If after the Guaranties become effective, all Trigger Events are cured to Lender’s satisfaction in its sole discretion, then Lender may, in its discretion, by written notice to the Wxxxx Guarantors, make the Guaranties ineffective again (subject to again becoming effective upon the occurrence of another Trigger Event). Throughout the term of the Loan Agreement Borrower shall cause such Guaranties to continue in full force and effect.” is hereby amended to read as follows:

Triggered Guaranties. Concurrently herewith, Borrower shall cause each of the Wxxxx Xxxxx Guarantors to execute and deliver to Lender a Continuing Guaranty with respect to all of the Obligations, on Lender’s standard form, and certifications of trust or other evidence of authority with respect to the execution and delivery of such Guaranties. Said Guaranties (the “Triggered Guaranties”) shall provide that the guaranties therein become effective upon the occurrence of any of the following events (each, a “Trigger Event”): (i) any Event of Default Default, including without limitation Borrower’s failure to fully pay any Loan when due pursuant to the terms hereof; or (ii) any Resolution Failure Trigger Event; or (iii) any REIT Portfolio Debt Default which is not cured to Lender’s satisfaction within 30 days of its occurrence. If after the Guaranties become effective, all Trigger Events are cured to Lender’s satisfaction in its sole discretion, then Lender may, in its discretion, by written notice to the Wxxxx Xxxxx Guarantors, make the Guaranties ineffective again (subject to again becoming effective upon the occurrence of another Trigger Event). Throughout the term of the Loan Agreement Borrower shall cause such Guaranties to continue in full force and effect.” is hereby amended to read as follows:

Triggered Guaranties. Concurrently herewith, Borrower shall cause each of the Wxxxx Guarantors Wirta Guxxxxxors to execute and deliver to Lender a Continuing Guaranty with respect to all of the Obligations, on Lender’s standard form, and certifications of trust or other evidence of authority with respect to the execution and delivery of such Guaranties. Said Guaranties (the “Triggered Guaranties”) shall provide that the guaranties therein become effective upon the occurrence of any of the following events (each, a “Trigger Event”): (i) any Event of Default Default, including without limitation Borrower’s failure to fully pay any Loan when due pursuant to the terms hereof; or (ii) any Resolution Failure Trigger Event; or (iii) any REIT Portfolio Debt Default which is not cured to Lender’s satisfaction within 30 days of its occurrence. If after the Guaranties become effective, all Trigger Events are cured to Lender’s satisfaction in its sole discretion, then Lender may, in its discretion, by written notice to the Wxxxx GuarantorsWirta Guxxxxxors, make the Guaranties ineffective again (subject to again becoming effective upon the occurrence of another Trigger Event). Throughout the term of the Loan Agreement Borrower shall cause such Guaranties to continue in full force and effect.” is hereby amended to read as follows:: “Guaranties. Concurrently herewith, Borrower shall cause each of the Wirta Guxxxxxors to execute and deliver to Lender a Continuing Guaranty with respect to all of the Obligations, on Lender’s standard form, and certifications of trust or other evidence of authority with respect to the execution and delivery of such Guaranties. Throughout the term of the Loan

Triggered Guaranties. Concurrently herewith, Borrower shall cause each of the Wxxxx Guarantors to execute and deliver to Lender a Continuing Guaranty with respect to all of the Obligations, on Lender’s standard form, and certifications of trust or other evidence of authority with respect to the execution and delivery of such Guaranties. Said Guaranties (the “Triggered Guaranties”) shall provide that the guaranties therein become effective upon the occurrence of any of the following events (each, a “Trigger Event”): (i) any Event of Default or Default, including without limitation Borrower’s failure to fully pay any Loan when due pursuant to the terms hereof, (ii) any Resolution Failure Trigger Event, (iii) any REIT Portfolio Debt Default which is not cured to Lender’s satisfaction within 30 days of its occurrence, or (iv) any “Trigger Event” as defined in the BrixInvest LSA. If after the Guaranties become effective, all Trigger Events are cured to Lender’s satisfaction in its sole discretion, then Lender may, in its discretion, by written notice to the Wxxxx Guarantors, make the Guaranties ineffective again (subject to again becoming effective upon the occurrence of another Trigger Event). Throughout the term of the Loan Agreement Borrower shall cause such Guaranties to continue in full force and effect.” is hereby amended to read as follows: