Examples of Carry Guaranty in a sentence
Guarantor shall have executed and delivered to Administrative Agent the Recourse Guaranty, the Payment Guaranty, the Carry Guaranty and the Environmental Indemnity.
Furthermore, the foregoing limitation on liability shall not limit in any way the liability of Guarantor that may arise out of the obligations set forth in the Environmental Indemnity Agreement, the Recourse Guaranty Agreement, the Equity Funding Guaranty and the Carry Guaranty, each of even date herewith made by Guarantor and if applicable, Borrower, in favor of Lender.
The Mezzanine Loan Carve Out Guaranty, the Mezzanine Loan Environmental Indemnity, the Construction Loan Carve Out Guaranty, the Construction Loan Carry Guaranty and the Construction Loan Environmental Indemnity are referred to, collectively, as the “Bluerock Guaranties” in this Agreement.
At all times that all or any portion of the Loan remains outstanding and all or any portion of Indemnitor’s obligations under the Interest and Carry Guaranty, Recourse Guaranty Agreement, Completion Guaranty and/or Environmental Indemnification Agreement remain outstanding, Borrower shall keep and maintain the Letter of Credit in full force and effect, in an amount not less than the applicable Required L/C Amount.
Guarantor has executed this Carry Guaranty as of the date first written above.
The Letter of Credit and the Required L/C Amount shall not be deemed to be a limitation on Indemnitor’s obligations under the Interest and Carry Guaranty, Recourse Guaranty Agreement, Completion Guaranty and/or Environmental Indemnification Agreement, which obligations shall only be reduced by the amount actually drawn under the Letter of Credit in satisfaction thereof, if so drawn.
Specify Type of Guaranty: (a) Payment Guaranty; (b) Collection Guaranty; (c) Conditional or Unconditional Guaranty; (d) “Bad-Boy” Carveout Guaranty; (e) Interest and Carry Guaranty or LTV Maintenance Guaranty; and/or (f) Completion Guaranty.
The Loan shall be secured by inter alia (i) the Pledge Agreement creating a first priority lien on the Collateral, (ii) the Environmental Indemnification Agreement, (iii) the Recourse Guaranty Agreement, (iv) the Carry Guaranty, (v) the Equity Funding Guaranty, (vi) the Completion Guaranty, and (vii) the other Loan Documents.
Indemnitor acknowledges and consents to all of the terms and conditions of this Agreement and does hereby ratify, reaffirm and confirm its obligations under the Environmental Indemnification Agreement, the Recourse Guaranty Agreement, the Interest and Carry Guaranty, and the Completion Guaranty, and hereby acknowledges that, as of the date hereof, its obligations thereunder are subject to no claims, defenses, or offsets.
Effective as of the Transfer Date, the Interest and Carry Guaranty is hereby amended as follows: (a) Section 1(a) of the Interest and Carry Guaranty is hereby amended and restated to read in its entirety as follows: “1.