Examples of Original Guaranty in a sentence
Certain obligations of Borrower provided for in the Loan Documents are guaranteed by Subsidiary Guarantor pursuant to certain Joinders to Guaranty of Payment and Performance and Reaffirmation of Loan Agreement (each as amended, restated, supplemented or otherwise modified heretofore or hereinafter from time to time, a “Joinder to Guaranty”; the Original Guaranty and each Joinder to Guaranty are each referred to herein individually and collectively as the context may require as a “Guaranty”).
The representations and warranties set forth in clauses (o), (q), (s), (t) and (u) of Section 7 of the Original Guaranty were true and correct in all material respects as of the Original Closing Date.
Notwithstanding any other provisions of this Agreement or any of the other Loan Modification Documents, subject to Section 18 of this Agreement, each of the Original Guarantors reaffirms all of its liabilities and obligations in respect of the “Obligations” under the Original Guaranty and the “Indemnified Matters” under the Original Environmental Indemnity that accrued prior to the date of this Agreement.
Without limiting the immediately preceding sentence, however, nothing in this Agreement or any of the other Loan Modification Documents shall require any of the Original Guarantors to make payments to Lender in connection with the “Obligations” under the Original Guaranty or the “Indemnified Matters” under the Original Environmental Indemnity that are based upon matters or states of affairs that first arise from and after the date hereof.
Notwithstanding the foregoing, the Original Guaranty shall continue to govern the rights and obligations of the Guarantor with respect to the Guaranteed Obligations (as defined in the Original Guaranty) prior to the date of this Agreement and nothing contained in this Agreement shall operate to release the Guarantor from any such rights or obligations.