Guarantor’s Representations and Warranties. Guarantor makes the following representations and warranties which shall survive the execution and delivery of this Guaranty: (a) Guarantor has the power and authority to execute, deliver and carry out the terms and provisions of this Guaranty and has duly authorized, executed, and delivered the same. (b) Neither the execution and delivery of this Guaranty, nor the consummation of the transactions herein contemplated, nor compliance with the terms and provisions hereof, will contravene any provision of law, statute, rule or regulation to which Guarantor is subject or any judgment, decree, franchise, order or permit applicable to Guarantor, or will conflict or will be inconsistent with, or will result in any breach of, any of the terms, covenants, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, security interest, charge or encumbrance upon any of the property or assets of Guarantor pursuant to the terms of, any indenture, mortgage, deed of trust, agreement or other instrument to which Guarantor is a party or may be bound or subject. (c) No consent or approval of, or exemption by, any governmental or public body or authority is required to authorize, or is required in connection with the execution, delivery and performance of, this Guaranty or of any of the instruments or agreements herein referred to, or the taking of any action hereby contemplated.
Appears in 2 contracts
Sources: Guaranty of Payment and Completion (Trinity Place Holdings Inc.), Guaranty of Payment and Completion (Trinity Place Holdings Inc.)
Guarantor’s Representations and Warranties. Guarantor makes the following representations and warranties which shall survive the execution and delivery of this GuarantyAgreement:
(a) Guarantor has the power and authority to execute, deliver and carry out the terms and provisions of this Guaranty Agreement and has duly authorized, executed, and delivered the same.
(b) Neither the execution and delivery of this GuarantyAgreement, nor the consummation of the transactions herein contemplated, nor compliance with the terms and provisions hereof, will contravene any provision of law, statute, rule or regulation to which Guarantor is subject or any judgment, decree, franchise, order or permit applicable to Guarantor, or will conflict or will be inconsistent with, or will result in any breach of, any of the terms, covenants, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, security interest, charge or encumbrance upon any of the property or assets of Guarantor pursuant to the terms of, any indenture, mortgage, deed of trust, agreement or other instrument to which Guarantor is a party or may be bound or subject.
(c) No consent or approval of, or exemption by, any governmental or public body or authority is required to authorize, or is required in connection with the execution, delivery and performance of, this Guaranty Agreement or of any of the instruments or agreements herein referred to, or the taking of any action hereby contemplated.
Appears in 2 contracts
Sources: Guaranty of Completion (United Development Funding IV), Guaranty of Payment (United Development Funding IV)
Guarantor’s Representations and Warranties. Guarantor makes the following representations and warranties which shall survive the execution and delivery of this GuarantyAgreement:
(a) Guarantor has the power and authority to execute, deliver and carry out perform its obligations under the terms and provisions of this Guaranty Agreement and has duly authorized, executed, and delivered the same.
(b) Neither the execution and delivery of this GuarantyAgreement, nor the consummation of the transactions herein contemplated, nor compliance with the terms and provisions hereof, will contravene in any material respect any provision of law, statute, rule or regulation to which Guarantor is subject or any material judgment, decree, franchise, order or permit applicable to Guarantor, or will conflict or will be inconsistent with, or will result in any material breach of, any of the terms, covenants, conditions or provisions of, or constitute a material default under, or result in the creation or imposition of any lien, security interest, charge or encumbrance upon any of the property or assets of Guarantor pursuant to the terms of, any indenture, mortgage, deed of trust, agreement or other instrument to which Guarantor is a party or may be bound or subject.
(c) No consent or approval of, or exemption by, any governmental or public body or authority is required to authorize, or is required in connection with the execution, delivery and performance of, this Guaranty Agreement or of any of the instruments or agreements herein referred to, or the taking of any action hereby contemplated.
Appears in 2 contracts
Sources: Recourse Guaranty Agreement (Kilroy Realty, L.P.), Recourse Guaranty Agreement (Kilroy Realty, L.P.)
Guarantor’s Representations and Warranties. Guarantor makes the following representations and warranties which shall survive the execution and delivery of this GuarantyAgreement:
(a) Guarantor has the power and authority to execute, deliver and carry out the terms and provisions of this Guaranty Agreement and has duly authorized, executed, and delivered the same.
(b) Neither the execution and delivery of this GuarantyAgreement, nor the consummation of the transactions herein contemplated, nor compliance with the terms and provisions hereof, will contravene any provision of law, statute, rule or regulation to which Guarantor is subject or any judgment, decree, franchise, order or permit applicable to Guarantor, or will conflict or will be inconsistent with, or will result in any breach of, any of the terms, covenants, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, security interest, charge or encumbrance upon any of the property or assets of Guarantor pursuant to the terms of, any indenture, mortgage, deed of trust, agreement or other instrument to which Guarantor is a party or may be bound or subject.
(c) No consent or approval of, or exemption by, any governmental or public body or authority is required to authorize, or is required in connection with the execution, delivery and performance of, this Guaranty Agreement or of any of the instruments or agreements herein referred toLoan Documents, or the taking of any action hereby contemplated.
Appears in 1 contract
Sources: Recourse Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.)