Common use of Guarantor and Agent Clause in Contracts

Guarantor and Agent. acknowledge and agree that this Agreement is a guaranty of payment and performance and not of collection and enforcement in respect of any of the Guarantor’s Obligation. No exculpatory language contained in any of the other Loan Documents shall in any event or under any circumstances modify, qualify or affect the personal recourse obligations and liabilities of Guarantor hereunder.

Appears in 2 contracts

Sources: Collateral Transfer and Settlement Agreement (KBS Real Estate Investment Trust, Inc.), Guaranty and Indemnity (American Financial Realty Trust)

Guarantor and Agent. acknowledge and agree that this Agreement is a guaranty of payment and performance and not of collection and enforcement in respect of any of the Guarantor’s 's Obligation. No exculpatory language Nothing contained in any of the other Loan Documents shall in any event or under any circumstances modify, qualify or affect the personal recourse obligations and liabilities of Guarantor hereunder.

Appears in 1 contract

Sources: Loan Agreement (Ocwen Asset Investment Corp)

Guarantor and Agent. acknowledge and agree that this Agreement is a guaranty of payment and performance and not of collection and enforcement in respect of any of the Guarantor’s 's Obligation. No exculpatory language contained in any of the other Loan Documents shall in any event or under any circumstances modify, qualify or affect the personal recourse obligations and liabilities of Guarantor hereunder.

Appears in 1 contract

Sources: Guaranty of Non Recourse Obligations (Terremark Worldwide Inc)