Payment and Performance Guaranty definition

Payment and Performance Guaranty means an Agreement Re Guaranty of Funds executed by Guarantor in the form attached hereto as Exhibit N.
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Payment and Performance Guaranty shall have the meaning set forth in Section 2.2(b)(viii).
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Payment and Performance Guaranty means that certain Payment and Performance Guaranty of even date herewith executed by Maker in favor of Payee with respect to the payment and performance of certain indebtedness and other obligations described therein. The "Disbursement Agreement" means that certain Cash Management Agreement and Security Agreement of even date herewith executed by Maker in favor
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Examples of Payment and Performance Guaranty in a sentence

  • Payment and performance of the Mezzanine Obligations Amount are guaranteed by MBHS pursuant to that certain Payment and Performance Guaranty dated September 27, 2017 (the “Mezzanine Guaranty”).

  • The debt evidenced by this Note is to be secured by, among other things, (a) three (3) separate mortgages (collectively, the “Mortgage”), one from each Borrower as identified in the Loan Agreement, for the benefit of Lender, and (b) a Payment and Performance Guaranty Agreement of even date herewith (the“Guaranty Agreement”), given by Emeritus Corporation (the “Guarantor”), for the benefit of Lender.

  • The debt evidenced by this Note is to be secured by, among other things, (a) twenty-four (24) separate mortgages and deeds of trusts (collectively, the “Mortgage”) by each Borrower, for the benefit of Lender, and (b) a Payment and Performance Guaranty Agreement of even date herewith (the“Guaranty Agreement”), given by Emeritus Corporation (the “Guarantor”), for the benefit of Lender.

  • GUARANTEE BY THE PARTNERSHIP 11.1 Payment and Performance Guaranty .

  • The debt evidenced by this Note is to be secured by, among other things, (a) twelve (12) separate mortgages and deeds of trusts (collectively, the “Mortgage”) by each Borrower, for the benefit of Lender, and (b) a Payment and Performance Guaranty Agreement of even date herewith (the“Guaranty Agreement”), given by Emeritus Corporation (the “Guarantor”), for the benefit of Lender.

  • The debt evidenced by this Note is to be secured by, among other things, a Payment and Performance Guaranty Agreement of even date herewith (the "Guaranty Agreement"), given by Capital Senior Living Corporation, a Delaware corporation ("Guarantor"), for the benefit of Lender.

  • That company is not a party to the DSA or its amendments but rather is party to the Form of Payment and Performance Guaranty.

  • Concurrently with the execution of this Lease, Landlord shall provide to Tenant a Payment and Performance Guaranty (the "GUARANTY") executed by Panattoni Investments, LLC, a California limited liability company ("GUARANTOR") guaranteeing, among other things, the prompt and diligent payment and performance by Landlord of Landlord's Work, and the prompt and diligent payment, performance and observance by Landlord of all of Landlord's other covenants and obligations set forth in this Exhibit C.

  • Payment and Performance Guaranty Agreement, dated as of May 18, 2018, by and between Xxxxxxx X.

  • The debt evidenced by this Note is secured by, among other things, (a) five (5) separate mortgages and deeds of trusts (collectively, the “Mortgage”) by each Borrower, for the benefit of Lender, and (b) a Payment and Performance Guaranty Agreement (the “Guaranty Agreement”), given by Emeritus Corporation (the “Guarantor”), for the benefit of Lender.


More Definitions of Payment and Performance Guaranty

Payment and Performance Guaranty has the meaning given to such term in Exhibit D hereto.
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Related to Payment and Performance Guaranty

  • Performance Guaranty means the Performance Guaranty, dated as of the Closing Date, entered into by Performance Guarantor in favor of Administrative Agent.

  • Obligation Guaranty means any Guarantee of all or any portion of the Secured Obligations executed and delivered to the Administrative Agent for the benefit of the Secured Parties by a guarantor who is not a Loan Party.

  • 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.

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

  • 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 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.

  • Guaranteed Liabilities means all moneys, obligations and liabilities expressed to be guaranteed by the Guarantor in clause 2.1;

  • 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.

  • 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.

  • Performance Guarantee means the security to be provided by the Contractor in accordance with Sub Clause 10.1 for the due performance of the Contract.

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

  • Seller Guaranty means a guaranty of payment and performance issued by a Seller Guarantor in the form attached to this Agreement as Exhibit V or in such other form as may be acceptable to Purchaser acting reasonably.

  • 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.

  • Guaranteed Parties means (a) each Lender, (b) each Issuing Bank, (c) the Administrative Agent, (d) each Joint Bookrunner, (e) each Person to whom any Guaranteed Cash Management Obligations are owed, (f) each counterparty to any Swap Agreement the obligations under which constitute Guaranteed Swap Obligations, (g) the beneficiaries of each indemnification obligation undertaken by any Loan Party under any Loan Document and (h) the permitted successors and assigns of each of the foregoing.

  • Canadian Guaranty means a Corporate Guaranty provided by an Affiliate of a Participant that is domiciled in Canada, and meets all of the provisions of Tariff, Attachment Q.

  • Guarantied Obligations and "Secured Obligations," as the case may be (in each case as such terms are defined in the applicable Collateral Document), including without limitation the payment and performance of all such "Obligations," "Guarantied Obligations" or "Secured Obligations," as the case may be, in respect of the Obligations of the Borrower now or hereafter existing under or in respect of the Amended Agreement and the Notes. Each Credit Support Party acknowledges and agrees that any of the Collateral Documents to which it is a party or otherwise bound shall continue in full force and effect and that all of its obligations thereunder shall be valid and enforceable and shall not be impaired or limited by the execution or effectiveness of this Amendment. Each Credit Support Party represents and warrants that all representations and warranties contained in the Amended Agreement and the Collateral Documents to which it is a party or otherwise bound are true, correct and complete in all material respects on and as of the Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date. Each Credit Support Party (other than the Borrower) acknowledges and agrees that (i) notwithstanding the conditions to effectiveness set forth in this Amendment, such Credit Support Party is not required by the terms of the Credit Agreement or any other Loan Document to consent to the amendments to the Credit Agreement effected pursuant to this Amendment and (ii) nothing in the Credit Agreement, this Amendment or any other Loan Document shall be deemed to require the consent of such Credit Support Party to any future amendments to the Credit Agreement.

  • Finance Obligations means, at any date, (i) all Senior Credit Obligations, (ii) all Swap Obligations of a Loan Party permitted hereunder owed or owing to any Swap Creditor and (iii) all Cash Management Obligations.

  • Completion Guaranty means the Guaranty of Completion and Payment of even date herewith from Indemnitor for the benefit of Lender, as amended from time to time.

  • 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.

  • Guaranteed loan means the loan in the original principal amount specified in Clause 4 of the Special Conditions made by the Guarantee Holder to the State-Owned Enterprise under the Loan Agreement and denominated in Guarantee Currency or, where the context may require, the amount thereof from time to time outstanding, the proceeds of which shall be applied to the Investment Project.

  • Guaranty Obligations means, with respect to any Person, without duplication, any obligations of such Person (other than endorsements in the ordinary course of business of negotiable instruments for deposit or collection) guaranteeing or intended to guarantee any Indebtedness of any other Person in any manner, whether direct or indirect, and including without limitation any obligation, whether or not contingent, (i) to purchase any such Indebtedness or any Property constituting security therefor, (ii) to advance or provide funds or other support for the payment or purchase of any such Indebtedness or to maintain working capital, solvency or other balance sheet condition of such other Person (including without limitation keep well agreements, maintenance agreements, comfort letters or similar agreements or arrangements) for the benefit of any holder of Indebtedness of such other Person, (iii) to lease or purchase Property, securities or services primarily for the purpose of assuring the holder of such Indebtedness, or (iv) to otherwise assure or hold harmless the holder of such Indebtedness against loss in respect thereof. The amount of any Guaranty Obligation hereunder shall (subject to any limitations set forth therein) be deemed to be an amount equal to the outstanding principal amount (or maximum principal amount, if larger) of the Indebtedness in respect of which such Guaranty Obligation is made.

  • Related Secured Obligations means, as of any date, the outstanding principal amount of the Related Equipment Notes issued under each Related Indenture, the accrued and unpaid interest (including, to the extent permitted by applicable law, post-petition interest and interest on any overdue amounts) due thereon in accordance with such Related Indenture as of such date, the Related Make-Whole Amount, if any, with respect thereto due thereon in accordance with such Related Indenture as of such date, and any other amounts payable as of such date under the “Operative Documents” (as defined in each Related Indenture).

  • Canadian Obligations means the Obligations owing by the Canadian Borrower.

  • Recourse Obligations has the meaning set forth in Section 2.1.

  • Guaranteed Hedge Agreement means any Swap Contract permitted under Article VII that is entered into by and between any Loan Party and any Hedge Bank.