Cash Flow Guaranty definition

Cash Flow Guaranty means the obligation of the Guarantor to provide investors, directly or indirectly, a minimum return (from all sources) equal to an annual 12% cumulative, non-compounded, return on their Original Capital Contributions during the Cash Flow Guaranty Period.
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Cash Flow Guaranty shall have the meaning assigned to that term in the recitals to this Agreement and shall also include any further guaranty made by a Cash Flow Guarantor guaranteeing, inter alia, the payment and performance of the Cash Flow Obligations.
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Examples of Cash Flow Guaranty in a sentence

  • For the avoidance of doubt, during the continuance of a Cash Sweep Period, (x) any Reserved Excess Cash Flow that is in excess of the amount of Excess Cash Flow guaranteed pursuant to the Excess Cash Flow Guaranty shall be deposited into the Excess Cash Flow Reserve Account and (y) all Free Excess Cash Flow shall be disbursed to a Non-Pledged Account designated by Borrower.

  • In no instance shall Borrower be entitled to request, nor shall Lender be obligated to disburse, Excess Cash Flow to Borrower in lieu of depositing the same into the Excess Cash Flow Reserve Account if (I) an Event of Default has occurred and is continuing and/or (II) such Excess Cash Flow is not guaranteed pursuant to the Excess Cash Flow Guaranty.

  • On March 31, 1989, the Fund and the Guarantor entered into that certain Guaranty Agreement (the “Guaranty Agreement”) under which the Guarantor extended certain Guaranties, including an Escrow Guaranty, a Cash Flow Guaranty, a Junior Mortgage Loan Guaranty and a Purchase Price Guaranty.

  • Assignor and its successors and assigns shall indemnify and hold harmless Wail, Corp., General Partner and Assignee from and against any and all claims, demands, causes of action, sums of money, attorneys' fees, actions, proceedings, and liabilities of any kind and character, including attorney's fees and legal costs, arising from, based upon or caused by any claim of ownership of, or interest in, the aforementioned missing Negative Cash Flow Guaranty and Promissory Note.

  • Upon default by the borrower in the payment of three (3) consecutive monthly installments, and assignment and conveyance of all the rights and interests under the CTS and the properties subject of CTS in favor of the FUND, the Funding Agency or their accredited financial institutions shall be entitled to the Cash Flow Guaranty benefit.

  • The Fund agrees that in the event the Guarantor pays any money pursuant to the Cash Flow Guaranty, such amounts will be credited against 50% of the amounts later due by the Affiliated Borrowers as Incentive or Gross Receipts Interest, thereby reducing the amount of Incentive or Gross Receipts the Fund will receive from Affiliated Borrowers in later years.

  • To the extent the Fund’s investments yield more than such an 8.0% return to the subscribers, the excess will be applied to amounts otherwise due under the Cash Flow Guaranty.

  • Notwithstanding anything contained herein to the contrary, no Person other than an Excess Cash Flow Guarantor shall be permitted to deliver the Excess Cash Flow Guaranty in accordance with this Section 7.5.2(c).

  • Any amount so provided pursuant to the Escrow Guaranty will be repaid in the event funds are available after satisfaction of the Cash Flow Guaranty and the requirements of the Code relating to REIT qualification.

  • The Escrow Guaranty, the Cash Flow Guaranty, the Junior Mortgage Loan Guaranty and the Purchase Price Guaranty are binding on the Guarantor, but are limited to its assets.

Related to Cash Flow Guaranty

  • Subsidiary Guaranty Agreement means each unconditional guaranty agreement executed by the Subsidiary Guarantors in favor of the Administrative Agent for the ratable benefit of the Secured Parties, substantially in the form of Exhibit H, as amended, restated, supplemented or otherwise modified from time to time.

  • Guaranty Agreement means an agreement executed by the Guarantors in substantially the form of Exhibit F-2 unconditionally guarantying on a joint and several basis, payment of the Indebtedness, as the same may be amended, modified or supplemented from time to time.

  • Subsidiary Guaranty is defined in Section 9.7(a).

  • Parent Guaranty means the guaranty of the Parent pursuant to Section 15.

  • Holdings Guaranty means the Holdings Guaranty made by Holdings in favor of the Administrative Agent on behalf of the Secured Parties, substantially in the form of Exhibit F.

  • Payment Guaranty means, if applicable, that certain Guaranty (Payment) of even date herewith executed by Guarantor to and for the benefit of Lender, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.

  • Guaranty means, with respect to any Person, any obligation (except the endorsement in the ordinary course of business of negotiable instruments for deposit or collection) of such Person guaranteeing or in effect guaranteeing any indebtedness, dividend or other obligation of any other Person in any manner, whether directly or indirectly, including (without limitation) obligations incurred through an agreement, contingent or otherwise, by such Person:

  • Guaranty Agreements means and includes the Guarantee of the Loan Parties provided for in Section 11, and any other guaranty agreement executed and delivered in order to guarantee the Obligations or any part thereof in form and substance reasonably acceptable to the Administrative Agent.

  • Subsidiaries Guaranty shall have the meaning provided in Section 6.10.

  • VA Loan Guaranty Agreement means the obligation of the United States to pay a specific percentage of a Mortgage Loan (subject to a maximum amount) upon default of the Mortgagor pursuant to the Servicemen’s Readjustment Act, as amended.

  • Guaranty Joinder Agreement means each Guaranty Joinder Agreement, substantially in the form thereof attached to the Guaranty, executed and delivered by a Guarantor or any other Person to the Administrative Agent pursuant to Section 6.12 or otherwise.

  • Subsidiary Guaranties means the Domestic Subsidiary Guaranty and each Foreign Subsidiary Guaranty.

  • Corporate Guaranty means a legal document used by an entity to guaranty the obligations of another entity.

  • Foreign Guaranty means a Corporate Guaranty provided by an Affiliate of a Participant that is domiciled in a foreign country, and meets all of the provisions of Tariff, Attachment Q. “Form 715 Planning Criteria” shall have the same meaning provided in the Operating Agreement.

  • Parent Guarantee means the guarantee by Parent Guarantor of the obligations of the Issuer under this Indenture and the Securities in accordance with the provisions of this Indenture.

  • Guaranteed Cash Management Agreement means any Cash Management Agreement that is entered into by and between any Loan Party and any Cash Management Bank.

  • Permitted SBIC Guarantee means a guarantee by the Borrower of Indebtedness of an SBIC Subsidiary on the SBA’s then applicable form, provided that the recourse to the Borrower thereunder is expressly limited only to periods after the occurrence of an event or condition that is an impermissible change in the control of such SBIC Subsidiary (it being understood that, as provided in clause (s) of Article VII, it shall be an Event of Default hereunder if any such event or condition giving rise to such recourse occurs).

  • Guarantor Joinder Agreement means a guarantor joinder agreement substantially in the form of Exhibit 7.12 delivered by a Domestic Subsidiary of the Borrower pursuant to Section 7.12.

  • Subsidiary Guarantee Agreement means the Subsidiary Guarantee Agreement, substantially in the form of Exhibit D, made by the Subsidiary Loan Parties in favor of the Administrative Agent for the benefit of the Lenders.

  • U.S. Guaranty means the guarantee of the Obligations of each Loan Party hereunder by the U.S. Loan Parties in Article III hereunder or in a supplemental guarantee in accordance with Section 7.01(n) of this Agreement.

  • U.S. Subsidiary Guarantor means each U.S. Subsidiary which has executed and delivered to the U.S. Administrative Agent the U.S. Subsidiary Guaranty (or a supplement thereto).

  • Collateral Agreement means the Collateral Agreement among the Borrower, each other Loan Party and the Administrative Agent, substantially in the form of Exhibit D.

  • Company Guaranty means the Company Guaranty made by the Company in favor of the Administrative Agent and the Lenders, substantially in the form of Exhibit F.

  • Subsidiary Joinder Agreement means a joinder to this Agreement, substantially in the form of Exhibit C.

  • Guaranty and Collateral Agreement means the Guaranty and Collateral Agreement dated as of the date hereof executed and delivered by the Loan Parties, together with any joinders thereto and any other guaranty and collateral agreement executed by a Loan Party, in each case in form and substance satisfactory to the Administrative Agent.

  • Guaranty Supplement means an instrument substantially in the form of Exhibit I hereto.