Common use of Invalidity of Guaranteed Obligations Clause in Contracts

Invalidity of Guaranteed Obligations. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Obligations, or any document or agreement executed in connection with the Guaranteed Obligations, for any reason whatsoever, including without limitation the fact that (a) the Guaranteed Obligations, or any part thereof, exceed the amount permitted by Legal Requirements, (b) the act of creating the Guaranteed Obligations or any part thereof is ultra ▇▇▇▇▇, (c) the officers or representatives executing the Note, the Security Instrument, the Loan Agreement or the other Loan Documents or otherwise creating the Guaranteed Obligations acted in excess of their authority, (d) the Guaranteed Obligations violate applicable usury laws, (e) the Borrower has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Obligations wholly or partially uncollectible from Borrower, (f) the creation, performance or repayment of the Guaranteed Obligations (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Obligations or executed in connection with the Guaranteed Obligations, or given to secure the repayment of the Guaranteed Obligations) is illegal, uncollectible or unenforceable, or

Appears in 1 contract

Sources: Completion Guaranty Agreement (Lodging Fund REIT III, Inc.)

Invalidity of Guaranteed Obligations. The invalidity, illegality illegality, or unenforceability of all or any part of the Guaranteed Obligations, or any document or agreement executed in connection with the Guaranteed Obligations, for any reason whatsoever, including without limitation the fact that (a) the Guaranteed Obligations, or any part thereof, exceed the amount permitted by Legal Requirementslaw, (b) the act of creating the Guaranteed Obligations Obligations, or any part thereof thereof, is ultra ▇▇▇▇▇, (c) the officers or representatives executing the Note, the Security Instrument, the Loan Agreement Financing Agreements or the any other Loan Documents or documents otherwise creating the Guaranteed Obligations acted in excess of their authority, (d) the Guaranteed Obligations violate applicable usury laws, (e) the Borrower any Obligor has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the any Guaranteed Obligations wholly or partially uncollectible from Borrowersuch Obligor, (f) the creation, performance or repayment of the Guaranteed Obligations (or the execution, delivery delivery, and performance of any document or instrument representing part of the Guaranteed Obligations or executed in connection with the Guaranteed Obligations, or given to secure the repayment of the Guaranteed Obligations) is illegal, uncollectible uncollectible, or unenforceable, oror (g) the Financing Agreements or other documents or instruments pertaining to the Guaranteed Obligations have been forged or otherwise are irregular or not genuine or authentic;

Appears in 1 contract

Sources: Global Senior Credit Agreement (Prologis)

Invalidity of Guaranteed Obligations. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Obligations, or any document or agreement executed in connection with the Guaranteed Obligations, for any reason whatsoeverwhatsoever other than that the Debtor has has valid defenses, claims or offsets consistent with those permitted under the Note which render the Guaranteed Obligations wholly or partially uncollectible from Debtor, including without limitation the fact that (ai) the Guaranteed Obligations, or any part thereof, exceed exceeds the amount permitted by Legal Requirementslaw, (bii) the act of creating the Guaranteed Obligations or any part thereof is ultra ▇▇▇▇▇, (ciii) the officers or representatives executing the Note, the Security Instrument, the Loan Agreement or the other Loan Documents Note or otherwise creating the Guaranteed Obligations acted in excess of their authority, (div) the Guaranteed Obligations violate applicable usury laws, (ev) the Borrower has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Obligations wholly or partially uncollectible from Borrower, (f) the creation, performance or repayment of the Guaranteed Obligations (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Obligations or executed in connection with the Guaranteed Obligations, or given to secure the repayment of the Guaranteed Obligations) is illegal, uncollectible or unenforceable, oror (vi) the Note has been forged or otherwise is irregular or not genuine or authentic, it being agreed that Guarantor shall remain liable hereon, except as specifically provided herein, regardless of whether Debtor or any other person be found not liable on the Guaranteed Obligations or any part thereof for any reason.

Appears in 1 contract

Sources: Guaranty (Naturade Inc)

Invalidity of Guaranteed Obligations. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Obligations, Obligations or any document or agreement executed in connection with the Guaranteed Obligations, Obligations for any reason whatsoever, including without limitation the fact that (a1) the Guaranteed Obligations, Obligations or any part thereof, exceed thereof exceeds the amount permitted by Legal Requirementslaw, (bii) the act of creating the Guaranteed Obligations or any part thereof is ultra ▇▇▇▇▇, (ciii) the officers or representatives executing the Note, the Security Instrument, the Loan Agreement or the other Loan Documents Note or otherwise creating the Guaranteed Obligations acted in excess of their authority, (div) the Guaranteed Obligations violate applicable usury laws, (ev) the Borrower Guarantor has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Obligations wholly or partially uncollectible from BorrowerGuarantor, (fvi) the creation, performance or repayment of the Guaranteed Obligations (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Obligations or executed in connection with the Guaranteed Obligations, Obligations or given to secure the repayment of the Guaranteed Obligations) is illegal, uncollectible or unenforceable, oror (vii) the Note has been forged or otherwise is irregular or not genuine or authentic.

Appears in 1 contract

Sources: Guaranty (MHI Hospitality CORP)

Invalidity of Guaranteed Obligations. The invalidity, illegality or unenforceability of all or any part of the Guaranteed Obligations, or any document or agreement executed in connection with the Guaranteed Obligations, for any reason whatsoever, including without limitation the fact that (ai) the Guaranteed Obligations, or any part thereof, exceed exceeds the amount permitted by Legal Requirementslaw, (bii) the act of creating the Guaranteed Obligations or any part thereof is ultra ▇▇▇▇▇, (ciii) the officers or representatives executing the Note, the Security Instrument, the Loan Agreement Note or the other Loan Documents or otherwise creating the Guaranteed Obligations acted in excess of their authority, (div) the Guaranteed Obligations violate applicable usury laws, (ev) the Borrower Assumptor has valid defenses, claims or offsets (whether at law, in «equity or by agreement) which render the Guaranteed Obligations wholly or partially uncollectible from BorrowerAssumptor, (fvi) the creation, performance or repayment of the Guaranteed Obligations (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Obligations or executed in connection with the Guaranteed Obligations, or given to secure the repayment of the Guaranteed Obligations) is illegal, uncollectible or unenforceable, or

Appears in 1 contract

Sources: Limited Payment Guaranty (Inland Diversified Real Estate Trust, Inc.)

Invalidity of Guaranteed Obligations. The invalidity, illegality ------------------------------------ or unenforceability of all or any part of the Guaranteed Obligations, or any document or agreement executed in connection with the Guaranteed Obligations, for any reason whatsoever, including without limitation the fact that (a) the Guaranteed Obligations, or any part thereof, exceed the amount permitted by Legal Requirementsapplicable law, (b) the act of creating the Guaranteed Obligations or any part thereof is ultra ▇▇▇▇▇, (c) the officers or ----- ----- representatives executing the Note, the Security Instrument, the Loan Agreement or the other Loan Documents documents or otherwise creating the Guaranteed Obligations acted in excess of their authority, (d) the Guaranteed Obligations violate applicable usury laws, (e) the Borrower Obligors has valid defenses, claims or offsets (whether at law, in equity or by agreement) which render the Guaranteed Obligations wholly or partially uncollectible from BorrowerObligors, (f) the creation, performance or repayment of the Guaranteed Obligations (or the execution, delivery and performance of any document or instrument representing part of the Guaranteed Obligations or executed in connection with the Guaranteed Obligations, or given to secure the repayment of the Guaranteed Obligations) is illegal, uncollectible uncollectible, legally impossible or unenforceable, oror the Limited Partnership Agreement, the Contribution Agreement, the Indemnity Agreement, or any other Operative Document or other documents or instruments pertaining to the Guaranteed Obligations have been forged or otherwise are irregular or not genuine or authentic;

Appears in 1 contract

Sources: Guaranty Agreement (Pure Resources Inc)