ARTICLE I REPRESENTATIONS AND WARRANTIES OF THE GUARANTORGuaranty of Payment and Performance • September 29th, 2005 • Castle Brands Inc • New York
FOURTH AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • August 30th, 2021 • Venus Concept Inc. • Surgical & medical instruments & apparatus
This Fourth Amended and Restated Guaranty of Payment and Performance (this “Guaranty”) is made as of this 24th day of July, 2021, by VENUS CONCEPT LTD., an Israeli limited corporation (the “Guarantor”), in favor of CITY NATIONAL BANK OF FLORIDA (“Lender”).
AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • June 24th, 2015 • Newtek Business Services Corp.
THIS AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of June 18, 2015 by Newtek Business Services Corp., a Maryland corporation and successor-in-interest to Newtek Business Services, Inc., a New York corporation, with its principal executive offices at 212 West 35th Street, New York, New York 10001 (“Guarantor”), in favor of Capital One, National Association having an address at 299 Park Avenue, New York, New York 10171 (“Lender”).
ANDGuaranty of Payment and Performance • November 14th, 2000 • Finet Com Inc • Mortgage bankers & loan correspondents • California
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • August 7th, 2012 • Adcare Health Systems Inc • Services-skilled nursing care facilities • Illinois
THIS GUARANTY OF PAYMENT AND PERFORMANCE dated as of July 2, 2012 (this “Guaranty”), is executed by GLENVUE H&R NURSING, LLC, a Georgia limited liability company (the “Operator”), and ADCARE HEALTH SYSTEMS, INC., an Ohio corporation (“AdCare”) (the Operator and AdCare being sometimes referred to herein collectively as the “Guarantors”), jointly and severally, to and for the benefit of THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (the “Lender”).
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • November 13th, 2012 • Adcare Health Systems Inc • Services-skilled nursing care facilities • New Jersey
THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) made as of August 17, 2012, by ADCARE HEALTH SYSTEMS, INC., an Ohio corporation (the “Guarantor”) in favor of CONTEMPORARY HEALTHCARE FUND I, L.P., a Delaware limited partnership (the “Lender”).
1 EXHIBIT 10.18 GUARANTY OF PAYMENT AND PERFORMANCE THIS GUARANTY OF PAYMENT AND PERFORMANCE ("Guaranty"), dated as of January 15, 2000, is made by the undersigned, U.S. TRUCKING, INC., a _________ corporation, and LOGISTICS MANAGEMENT, LLC, a...Guaranty of Payment and Performance • May 15th, 2000 • U S Trucking Inc • Trucking (no local) • Georgia
18846491.3 (A.4)Guaranty of Payment and Performance • March 31st, 2015 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Illinois
SECOND AMENDED AND RESTATED UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • December 28th, 2015 • Carter Validus Mission Critical REIT II, Inc. • Real estate investment trusts • New York
FOR AND IN CONSIDERATION OF the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid or delivered to the undersigned CARTER VALIDUS MISSION CRITICAL REIT II, INC., a Maryland corporation (“REIT”), and THE ENTITIES LISTED ON THE SIGNATURE PAGES HEREOF AS SUBSIDIARY GUARANTORS (“Initial Guarantors”) and EACH ADDITIONAL GUARANTOR (AS DEFINED IN THE CREDIT AGREEMENT [HEREINAFTER DEFINED]) THAT MAY HEREAFTER BECOME A PARTY TO THIS GUARANTY (REIT, Initial Guarantors and such Additional Guarantors are sometimes hereinafter referred to individually as a “Guarantor” and collectively as “Guarantors”), the receipt and sufficiency whereof are hereby acknowledged by Guarantors, and for the purpose of seeking to induce KEYBANK NATIONAL ASSOCIATION, a national banking association (hereinafter referred to as “Lender”, which term shall also include each other Lender which may now be or hereafter become a party to the “Credit Agreement” (as hereinafter defined), any Lend
RECITALS:Guaranty of Payment and Performance • August 26th, 1999 • Delta Petroleum Corp/Co • Crude petroleum & natural gas • Colorado
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • July 29th, 2016 • Care Capital Properties, Inc. • Real estate investment trusts • New York
This GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is executed as of July 25, 2016 by CARE CAPITAL PROPERTIES, INC., a Delaware corporation (the “Parent”) and CARE CAPITAL PROPERTIES, LP, a Delaware limited partnership (“CCP LP” and together with Parent collectively referred to herein as “Guarantor”), for the benefit of CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders under the hereinafter described Loan Agreement (together with its successors and assigns in such capacity, “Administrative Agent”), for the benefit of the Lenders.
GUARANTY OF PAYMENT AND PERFORMANCE ----------------------------------- ("Guaranty")Guaranty of Payment and Performance • March 30th, 2001 • Unified Financial Services Inc • Services-management consulting services • Kentucky
UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • December 19th, 2024 • Gladstone Commercial Corp • Lessors of real property, nec
FOR AND IN CONSIDERATION OF the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid or delivered to the undersigned GLADSTONE COMMERCIAL CORPORATION, a Maryland corporation (the “Parent”), EACH OF THE ENTITIES IDENTIFIED AS “SUBSIDIARY GUARANTORS” ON THE SIGNATURE PAGES HEREOF (the “Initial Subsidiary Guarantors”), and EACH ADDITIONAL GUARANTOR (AS DEFINED IN THE NOTE PURCHASE AGREEMENT (AS HEREINAFTER DEFINED)) THAT MAY HEREAFTER BECOME A PARTY HERETO (the Initial Subsidiary Guarantors and such Additional Guarantors are sometimes hereinafter referred to individually as a “Subsidiary Guarantor” and collectively as the “Subsidiary Guarantors”; the Parent and the Subsidiary Guarantors are sometimes hereinafter referred to individually as a “Guarantor” and collectively as the “Guarantors”), the receipt and sufficiency whereof are hereby acknowledged by the Guarantors, and for the purpose of seeking to induce THE PURCHASERS LISTED ON THE PURCHASER SCHEDULE
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • March 7th, 2013 • Phillips Edison - ARC Shopping Center REIT Inc. • Real estate investment trusts
THIS GUARANTY OF PAYMENT AND PERFORMANCE (“Guaranty”) is made as of the 21st day of December, 2012, by PHILLIPS EDISON – ARC SHOPPING CENTER REIT INC., a Maryland corporation (“REIT”), PHILLIPS EDISON SHOPPING CENTER OP GP LLC, a Delaware limited liability company (“General Partner”), HERON CREEK STATION LLC, a Delaware limited liability company, and each other Subsidiary Guarantor (as defined in the Loan Agreement (as hereinafter defined)), jointly and severally (collectively, the “Guarantor”) in favor of KEYBank National Association, as administrative agent for the benefit of the Lenders (as defined in the Loan Agreement) (“Administrative Agent”).
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • August 31st, 2018 • Newtek Business Services Corp.
THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of July 31, 2018 by Newtek Business Services Corp., a Maryland corporation, with its principal executive offices at 1981 Marcus Avenue, Suite 130, Lake Success, New York 11042 (“Guarantor”), in favor of (i) Capital One, National Association, in its capacity as administrative agent (in such capacity, the “Administrative Agent”) for itself and for the Lenders and the other Secured Parties (as such terms are defined in the Credit Agreement identified below), having an address at 299 Park Avenue, New York, New York 10171, and (ii) the Lenders, having addresses set forth in the Credit Agreement.
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • April 16th, 2007 • Feldman Mall Properties, Inc. • Real estate investment trusts • New York
This GUARANTY OF PAYMENT AND PERFORMANCE dated as of April 10, 2007 (this “Guaranty”), is executed by FELDMAN MALL PROPERTIES, INC., a Maryland corporation (“Guarantor”), to and for the benefit of KIMCO CAPITAL CORP., a Delaware corporation (“Lender”).
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • October 23rd, 2007 • Newtek Business Services Inc • Finance services
THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made as of the 19th day of October, 2007, by Newtek Business Services, Inc., a corporation organized under the laws of the State of New York having an address at 1440 Broadway, 17th Floor, New York, NY 10018 (the “Guarantor”), in favor of North Fork Bank, a division of Capital One, N.A., having its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (“Lender”).
THIRD AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE (the “Guaranty”)Guaranty of Payment and Performance • July 3rd, 2008 • MedPro Safety Products, Inc. • Surgical & medical instruments & apparatus • Kentucky
THIRD AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • July 26th, 2007 • Ensign Group, Inc • Services-skilled nursing care facilities • Illinois
THIS THIRD AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE dated as of the 29th day of December, 2006 (the "Guaranty") is made by THE ENSIGN GROUP, INC., a Delaware corporation ("Guarantor"), in favor of GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (in its individual capacity, "GECC" and as agent for Lenders, "Agent"), as Agent.
2 - 29275947v3 Loan Document, and the due and prompt performance of all of the terms, agreements, covenants and conditions of the Notes, the Loan Agreement and the other Loan Documents; (ii) payment in full of any and all expenses that may be paid or...Guaranty of Payment and Performance • May 16th, 2017 • Newtek Business Services Corp.
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • November 13th, 2012 • Adcare Health Systems Inc • Services-skilled nursing care facilities • Illinois
THIS GUARANTY OF PAYMENT AND PERFORMANCE dated as of September 20, 2012 (this “Guaranty”), is executed by ADCARE HEALTH SYSTEMS, INC., an Ohio corporation (the “Guarantor”), to and for the benefit of THE PRIVATEBANK AND TRUST COMPANY, an Illinois banking corporation (the “Lender”).
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • September 11th, 2013 • Delaware
THIS GUARANTY OF PAYMENT AND PERFORMANCE (this “Guaranty”) is made this day of , 20 , by and (individually and collectively, the "Guarantors"), maintaining an address at , to and for the benefit of CARROLL COMMONS, LLC, a Delaware limited liability company, PO Box 991, Hockessin, DE 19707, its successors and assigns (the "Owner") as follows:
ARTICLE 1Guaranty of Payment and Performance • August 10th, 2001 • A Consulting Team Inc • Services-miscellaneous business services • New York
AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE [ALTERRA HEALTHCARE CORPORATION - CLINTON BROOKSIDE]Guaranty of Payment and Performance • March 29th, 2002 • Alterra Healthcare Corp • Services-social services • New York
THIS AMENDED AND RESTATED GUARANTY OF PAYMENT AND PERFORMANCE dated as of December 21, 2001 (the "Amended Alterra Guaranty") from ALTERRA HEALTHCARE CORPORATION (formerly known as Alternative Living Services, Inc.), a Delaware corporation with an office for the transaction of business at 10000 Innovation Drive, Milwaukee, Wisconsin 53226 ("Alterra" or the "Guarantor"), to KEY CORPORATE CAPITAL INC., a Michigan corporation with an office for the transaction of business located at 66 South Pearl Street, Albany, New York 12207 (the "Lender").
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • February 11th, 2019 • Sun Pacific Holding Corp. • Retail-eating places • Rhode Island
THIS GUARANTY OF PAYMENT AND PERFORMANCE (“Guaranty”) is made as of this 7th day of February 2019, by Sun Pacific Holding Corp., a Nevada corporation (“Guarantor”) in favor of UMB Bank, N.A., a national banking association, in its capacity as trustee (the “Trustee”) under that certain Indenture of Trust dated as of January 29, 2019 by and between Medrecycler-RI, Inc., and the Trustee (the “Lender”).
GUARANTY OF PAYMENT AND PERFORMANCE ----------------------------------- ("Guaranty")Guaranty of Payment and Performance • April 15th, 1999 • Unified Financial Services Inc • Services-management consulting services • Kentucky
SECOND AMENDED AND RESTATED UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • March 27th, 2020 • Jernigan Capital, Inc. • Real estate investment trusts • New York
FOR AND IN CONSIDERATION OF the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid or delivered to the undersigned JERNIGAN CAPITAL, INC., a Maryland corporation (“REIT”), and the Additional Guarantors which are a party hereto or may hereafter become a party hereto, if any (hereinafter referred to individually as a “Subsidiary Guarantor” and collectively, as “Subsidiary Guarantors”; REIT, and the Subsidiary Guarantors are sometimes hereinafter referred to individually as a “Guarantor” and collectively as “Guarantors”), the receipt and sufficiency whereof are hereby acknowledged by Guarantors, and for the purpose of seeking to induce KEYBANK NATIONAL ASSOCIATION, a national banking association (hereinafter referred to as “Lender”, which term shall also include each other Lender which may now be or hereafter become a party to the “Credit Agreement” (as hereinafter defined), any Lender acting as the Issuing Lender under the Credit Agreement and shall als
DESCRIPTION] MATERIAL CONTRACT EX-10.39i Copy of Guaranty of Payment and Performance dated January 31, 1997, between WellCare Development, Inc. and Agente Benefit Consultants, Inc. and KeyBank National Association GUARANTY OF PAYMENT AND PERFORMANCE...Guaranty of Payment and Performance • March 28th, 1997 • Wellcare Management Group Inc • Hospital & medical service plans • New York
GUARANTY OF PAYMENT AND PERFORMANCE ----------------------------------- ("Guaranty")Guaranty of Payment and Performance • April 14th, 2000 • Unified Financial Services Inc • Services-management consulting services • Kentucky
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • January 22nd, 2024 • Zoned Properties, Inc. • Operators of nonresidential buildings
THIS GUARANTY (this “Guaranty”) is made January 18, 2024 by JG HOLDCO LLC, a Delaware limited liability company (herein called “Guarantor”) in favor of ZP RE HOLDINGS, LLC, an Arizona limited liability company, its successors and assignees (herein called “Landlord”).
GUARANTY OF PAYMENT AND PERFORMANCE OF AGREEMENT AND PLAN OF MERGERGuaranty of Payment and Performance • October 1st, 2018 • Axos Financial, Inc. • Savings institution, federally chartered
WHEREAS, AXOS CLEARING, LLC, a Nevada limited liability company (“Parent”), Axos Clarity MergeCo., Inc., a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”), COR Securities Holdings Inc., a Delaware corporation (“Company”), and certain additional parties set forth therein are entering into an Agreement and Plan of Merger dated as of September 28, 2018 (the “Merger Agreement” (capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Merger Agreement)), which provides, among other things, for the merger of Merger Sub with and into Company on the terms and conditions set forth in the Merger Agreement; and
GUARANTY OF PAYMENT AND PERFORMANCEGuaranty of Payment and Performance • February 29th, 2024 • Zoned Properties, Inc. • Operators of nonresidential buildings
THIS GUARANTY (this “Guaranty”) is made this 27th day of February, 2024 by THE PHARM, LLC, a Delaware limited liability company (herein called “Guarantor”) in favor of ZP RE HOLDINGS, LLC, an Arizona limited liability company (herein called “Landlord”).
ContractGuaranty of Payment and Performance • February 8th, 2017
Exhibit No. Exhibit Description* Form File No. Exhibit No. Filing Date Filed Herewith 10.10 Third Amended and Restated Guaranty of Payment and Performance, dated as of December 29, 2006, by The Ensign Group, Inc. as Guarantor and General Electric Capital Corporation as Agent and Lender, under which Guarantor guarantees the payment and performance of the obligations of certain of Guarantor's subsidiaries under the Third Amended and Restated Loan Agreement S-1 333-142897 10.9 7/26/2007 10.11 Form of Amended and Restated Deed of Trust, Assignment of Rents, Security Agreement and Fixture Financing Statement, dated as of June 30, 2006 (filed against Desert Terrace Nursing Center, Desert Sky Nursing Home, Highland Manor Health and Rehabilitation Center and North Mountain Medical and Rehabilitation Center), by and among Terrace Holdings AZ LLC, Sky Holdings AZ LLC, Ensign Highland LLC and Valley Health Holdings LLC as Grantors, Chicago Title Insurance Company as Trustee, and General Elect
EXHIBIT 10.3 GUARANTY OF PAYMENT AND PERFORMANCE For valuable consideration, the undersigned, IASIS HEALTHCARE CORPORATION, a Delaware corporation ("Guarantor"), hereby unconditionally and irrevocably guarantees the due, prompt and complete...Guaranty of Payment and Performance • February 2nd, 2004 • Iasis Healthcare Corp • Services-general medical & surgical hospitals, nec
For valuable consideration, the undersigned, IASIS HEALTHCARE CORPORATION, a Delaware corporation ("Guarantor"), hereby unconditionally and irrevocably guarantees the due, prompt and complete performance (including, without limitation, payment) when due, whether by acceleration or otherwise (with such interest as may accrue thereon with respect to payments due) by Lake Mead Hospital, Inc., a Delaware corporation ("Purchaser"), of each and every obligation of Purchaser under that certain Asset Sale Agreement dated as of January 16, 2004 (the "Agreement") by and between Guarantor and NLVH, Inc., a Nevada corporation ("Seller"), as assigned by Guarantor to Purchaser pursuant to that certain Assignment and Assumption of Asset Sale Agreement of even date herewith, and all agreements ancillary to the Agreement (collectively, the "Obligations"). Guarantor agrees that if any of the Obligations are not paid or performed in a timely manner, Guarantor will immediately perform such Obligations, ca
