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Parent Guaranty and Indemnity Sample Contracts

EX-10.12 11 dex1012.htm PARENT GUARANTY AND INDEMNITY EXECUTION VERSION PARENT GUARANTY AND INDEMNITY
Parent Guaranty and Indemnity • May 5th, 2020 • New York

This PARENT GUARANTY AND INDEMNITY, dated as of August 22, 2008 (this “Guaranty”), is made and entered into by KBS REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation that has elected to be taxed as a real estate investment trust (“Guarantor”), whose address is c/o KBS Capital Advisors, LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, CA 92660 for the benefit of CITIGROUP FINANCIAL PRODUCTS INC., a Delaware corporation (“Buyer”), whose address is 388 Greenwich Street, New York, New York 10013.

Standard Contracts

AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY
Parent Guaranty and Indemnity • August 12th, 2011 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York

This AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY, dated as of April 28, 2011 (this “Guaranty”), is made and entered into by KBS REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation that has elected to be taxed as a real estate investment trust (“Parent Guarantor”), whose address is c/o KBS Capital Advisors, LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, CA 92660 for the benefit of CITIGROUP FINANCIAL PRODUCTS INC., a Delaware corporation (“Buyer”), whose address is 388 Greenwich Street, New York, New York 10013.

AMENDMENT TO PARENT GUARANTY AND INDEMNITY
Parent Guaranty and Indemnity • February 15th, 2022 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS AMENDMENT TO PARENT GUARANTY AND INDEMNITY (this “Amendment”), dated as of February 10, 2022, is entered into by and among MORGAN STANLEY BANK, N.A., a national banking association, as buyer (together with its successors and assigns, “Buyer”), ACRC LENDER MS LLC, a Delaware limited liability company, as seller (“Seller”), and ARES COMMERCIAL REAL ESTATE CORPORATION, a Maryland corporation, as guarantor (“Guarantor”).

FIRST AMENDMENT TO AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY
Parent Guaranty and Indemnity • April 16th, 2008 • Anthracite Capital Inc • Real estate investment trusts • New York

THIS FIRST AMENDMENT TO AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY dated as of April 14, 2008 (this “Agreement”), by and among:

AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY
Parent Guaranty and Indemnity • February 21st, 2008 • Anthracite Capital Inc • Real estate investment trusts • New York

This AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY (this “Guaranty”) is made as of February 15, 2008, by ANTHRACITE CAPITAL, INC., a Maryland corporation (“Guarantor”) in favor of MORGAN STANLEY MORTGAGE SERVICING LTD. (“Security Trustee”), as security trustee under the Loan Agreement (hereinafter defined), and MORGAN STANLEY PRINCIPAL FUNDING INC., a Delaware corporation (“Agent”; Agent and Security Trustee being sometimes referred to each as a “Finance Party” and collectively the “Finance Parties”), as agent under the Loan Agreement.

SECOND AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY
Parent Guaranty and Indemnity • May 21st, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York

This SECOND AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY (this “Guaranty”) is made as of May 15, 2009, by ANTHRACITE CAPITAL, INC., a Maryland corporation (“Guarantor”) in favor of MORGAN STANLEY MORTGAGE SERVICING LIMITED (“Security Trustee”), as security trustee under the Loan Agreement (hereinafter defined), and MORGAN STANLEY PRINCIPAL FUNDING, INC., a Delaware corporation (“Agent”; Agent and Security Trustee being sometimes referred to each as a “Finance Party” and collectively the “Finance Parties”), as agent and lender under the Loan Agreement.

SECOND AMENDMENT TO AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY
Parent Guaranty and Indemnity • March 18th, 2009 • Anthracite Capital Inc • Real estate investment trusts • New York

THIS SECOND AMENDMENT TO AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY dated as of December 31, 2008 (this “Agreement”), by and among:

THIRD AMENDMENT TO PARENT GUARANTY AND INDEMNITY
Parent Guaranty and Indemnity • August 6th, 2024 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

This THIRD AMENDMENT TO PARENT GUARANTY AND INDEMNITY (this “Amendment”), dated as of August 2, 2024, is entered into by and among MORGAN STANLEY BANK, N.A., a national banking association, as buyer (together with its successors and assigns, “Buyer”), ACRC LENDER MS LLC, a Delaware limited liability company, as seller (“Seller”), and ARES COMMERCIAL REAL ESTATE CORPORATION, a Maryland corporation, as guarantor (“Guarantor”).

PARENT GUARANTY AND INDEMNITY
Parent Guaranty and Indemnity • January 22nd, 2020 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS PARENT GUARANTY AND INDEMNITY, dated as of January 16, 2020 (as amended, restated, supplemented, or otherwise modified from time to time, this “Guaranty”), made by Ares Commercial Real Estate Corporation, a Maryland corporation (“Guarantor”), in favor of Morgan Stanley Bank, N.A., a national banking association, as buyer (“Buyer”).