Examples of Member Guaranty in a sentence
Member acknowledges the amendments and modifications of the Repurchase Agreement pursuant to this Amendment and hereby ratifies and reaffirms all of the terms, covenants and conditions of the Member Guaranty and agrees that the Member Guaranty remains unmodified and in full force and effect and enforceable in accordance with its terms.
Any Non-Collateral Property Excess Cash Flow paid to Lender under clause (ii) of Section 5.6 of the Member Guaranty and any Excess Cash Flow Reserve Funds (as defined in the Senior Loan Agreement) paid to Lender under Section 7.8.2(a)(iii)(x) of the Senior Loan Agreement shall be applied to reduce the PIK Accrued Amount.
A Guarantor Loan or a Guarantor Contribution may, at the option of the holder thereof, be converted into an additional Capital Contribution, equal to the outstanding balance of such Guarantor Loan, plus accrued interest, or the amount of the distribution which would then be payable on such Guarantor Claim, as applicable, at any time from the date of the relevant Member Guaranty Payment by giving notice of such election to the other Members and to the Company.
Member acknowledges the amendment and modification of the Repurchase Agreement pursuant to this Amendment and hereby ratifies and reaffirms all of the terms, covenants and conditions of the Member Guaranty, and agrees that the Member Guaranty remains unmodified and in full force and effect and enforceable in accordance with its terms.
A Member Guaranty of any Company Debt may be provided by a Member or an Affiliate thereof in any form, including the form of a guaranty, letter of credit, pledge of collateral or other credit enhancement facility.
Simultaneously with the execution of this Agreement, as a material inducement to the Existing Member’s willingness to enter into this Agreement and consummate the transactions contemplated hereby, the New Member Guarantor shall deliver to the Existing Member the New Member Guaranty, pursuant to which the New Member Guarantor shall agree to guaranty the payment of the Termination Fee, if applicable, by the New Member, subject to and pursuant to the terms of this Agreement.
Any liability under a Nonrecourse Carveout guaranty shall be paid by the Members in accordance with their respective Percentage Interests in the same manner as a Member Guaranty Payment under this Section 8.9 unless one or more Member(s) committed the acts giving rise to such liability, in which case such responsible Member(s) shall be solely responsible for such liability.
Member acknowledges the amendments and modifications of the Letter Agreement pursuant to this Amendment and hereby ratifies and reaffirms all of the terms, covenants and conditions of the Member Guaranty and agrees that the Member Guaranty remains unmodified and in full force and effect and enforceable in accordance with its terms.
In the event that the Company fails to make payment of principal or interest on any debt incurred pursuant to Section 3.4 of which less than all members are guarantors, those Members may effect payment of the amount owed by the Company by making payment thereof directly to the creditor (hereinafter referred to as a "Member Guaranty Payment").
Xxxxx Title: Executive Vice President, Capital Markets, and Treasurer Member Guaranty BXMT ANNEX I Address for Notices to Guarantor: 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxxx Xxxxx Email: XXXXXxxxxxxxXxxx@xxxxxxxxxx.xxx Telephone: (000) 000-0000 With a copy to: Ropes & Xxxx LLP 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Xxxxxx X.