Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereof.
Appears in 8 contracts
Sources: Guaranty (Franklin BSP Real Estate Debt, Inc.), Guaranty (Blackstone Private Real Estate Credit & Income Fund), Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This The obligations of each Guarantor to the Lenders under this Guaranty may not shall be revoked by Guarantor joint and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantorseveral. This Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereofof the Notes.
Appears in 5 contracts
Sources: Guaranty Agreement (Earth Biofuels Inc), Guaranty Agreement (PNG Ventures Inc), Guaranty Agreement (Earth Biofuels Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing absolute and unconditional and irrevocable guaranty of payment and performance and not a guaranty of collection. This Guaranty may collection and is wholly independent of and in addition to other rights and remedies of the Lenders and the Agent and is not be revoked contingent upon the pursuit by Guarantor the Lenders and shall continue to be effective with respect to the Agent of any Guaranteed Obligations arising or created after any attempted revocation such rights and remedies, such pursuit being hereby waived by each Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereof.
Appears in 5 contracts
Sources: Credit Agreement (BMG North America LTD), Guaranty Agreement (BMG North America LTD), Guaranty Agreement (Key Plastics Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty guarantee of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser Buyer and any successor, endorsee, transferee or subsequent assignee of Purchaser Buyer permitted under the Master Repurchase Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereof.
Appears in 4 contracts
Sources: Guaranty Agreement (Colony NorthStar Credit Real Estate, Inc.), Guaranty Agreement (NorthStar Real Estate Income Trust, Inc.), Guaranty Agreement (NorthStar Real Estate Income II, Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser Lender and any successor, endorsee, transferee subsequent holder of the Note (or assignee of Purchaser permitted under the Master Repurchase Agreement any part thereof or interest therein) and shall not be discharged by such permitted the assignment or negotiation of all or part thereofof the Note.
Appears in 3 contracts
Sources: Guaranty (Brixmor Property Group Inc.), Guaranty (Brixmor Property Group Inc.), Senior Mezzanine Guaranty (Brixmor Property Group Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereof.
Appears in 3 contracts
Sources: Guaranty (Fortress Credit Realty Income Trust), Guaranty (Fortress Credit Realty Income Trust), Guaranty (ARC Realty Finance Trust, Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty guarantee of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser Buyer and any successor, endorsee, transferee or subsequent assignee of Purchaser permitted Buyer under the Master Repurchase Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereof.
Appears in 3 contracts
Sources: Guaranty Agreement (KKR Real Estate Finance Trust Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereof.
Appears in 3 contracts
Sources: Guaranty (Claros Mortgage Trust, Inc.), Guaranty (Claros Mortgage Trust, Inc.), Guaranty (Resource Capital Corp.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor. This ’s death (in which event this Guaranty may shall be enforced by Purchaser binding upon Guarantor’s estate, legal representatives and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereofheirs).
Appears in 3 contracts
Sources: Guaranty of Recourse Obligations (Strategic Storage Trust VI, Inc.), Guaranty of Recourse Obligations (Strategic Storage Trust VI, Inc.), Guaranty (FelCor Lodging Trust Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and if Guarantor is a natural person, shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This 's death (in which event this Guaranty may shall be enforced by Purchaser binding upon Guarantor's estate and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereofheirs).
Appears in 3 contracts
Sources: Guaranty of Recourse Obligations (Nexpoint Diversified Real Estate Trust), Completion Guaranty (Nexpoint Diversified Real Estate Trust), Guaranty (Nexpoint Diversified Real Estate Trust)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorseeindorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereof.
Appears in 3 contracts
Sources: Guaranty (Starwood Credit Real Estate Income Trust), Guaranty (RAIT Financial Trust), Guaranty (RAIT Financial Trust)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereof.
Appears in 3 contracts
Sources: Ground Lease, Ground Lease, Ground Lease
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser ▇▇▇▇▇ and any successor, endorsee, permitted transferee or permitted assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereofthereof in compliance with the Program Documents.
Appears in 2 contracts
Sources: Guaranty (FS Credit Real Estate Income Trust, Inc.), Guaranty (FS Credit Real Estate Income Trust, Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising so long as the Notes are outstanding or created after any attempted revocation by Guarantorunless Guarantor is otherwise released from its obligations under this Guaranty pursuant to the Loan Documents. This Subject to the terms of Section 1.10 below, this Guaranty may shall automatically terminate upon the payment in full of the Notes, and Guarantor shall no longer be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under responsible for the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereofGuaranteed Obligations.
Appears in 2 contracts
Sources: Guaranty Agreement (Cil&d, LLC), Guaranty Agreement (Cil&d, LLC)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser Class A Lender and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Indenture and Credit Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereof.
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing a guaranty of payment and ------------------ performance and not merely a guaranty of collection. This Guaranty may If any Obligation is not be revoked by Guarantor satisfied when due, Franchising shall forthwith satisfy such Obligation upon demand, and no such satisfaction shall continue to be effective with respect to any Guaranteed discharge the obligations of Franchising hereunder until all Obligations arising or created after any attempted revocation by Guarantorhave been satisfied in full. This Guaranty may shall be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement a continuing guaranty and shall not be discharged by such permitted assignment or negotiation of binding upon Franchising until any and all or part thereofObligations have been performed and paid in full.
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser (or Collateral Agent on its behalf) permitted under the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereof.
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising so long as the Senior Note is outstanding or created after any attempted revocation by Guarantorunless Guarantor is otherwise released from its obligations under this Guaranty pursuant to the Loan Documents. This Subject to the terms of Section 1.10 below, this Guaranty may shall automatically terminate upon the payment in full of the Senior Note, and Guarantor shall no longer be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under responsible for the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereofGuaranteed Obligations.
Appears in 1 contract
Sources: Guaranty Agreement (Cil&d, LLC)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorsee, permitted transferee or permitted assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereofthereof in compliance with the Transaction Documents.
Appears in 1 contract
Sources: Guaranty (FS Credit Real Estate Income Trust, Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser (or Repurchase Agent or Realisation Agent on its behalf) permitted under the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereof.
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor Guarantors and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by GuarantorGuarantors. This Guaranty may be enforced by Purchaser Buyer and any successor, endorsee, transferee or subsequent assignee of Purchaser permitted Buyer under the Master Repurchase Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereof.
Appears in 1 contract
Sources: Guaranty (Gramercy Capital Corp)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty The fact that at any time or from time to time the Guaranteed Obligations may be enforced by Purchaser and any successor, endorsee, transferee increased or assignee of Purchaser permitted under the Master Repurchase Agreement and reduced shall not be discharged by such permitted assignment release or negotiation discharge the obligation of all or part thereofGuarantor to the Lender Group with respect to the Guaranteed Obligations.
Appears in 1 contract
Sources: Limited Guaranty (LIVE VENTURES Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing unconditional, continuing, direct and immediate guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked is no way conditioned upon or limited by Guarantor and shall continue to be effective with respect to or in any Guaranteed Obligations arising other way affected by any defense asserted or created after any attempted revocation claimed by Guarantor. This The obligations of Guarantor under this Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted assignment subject to any counterclaim, recoupment, setoff, reduction or negotiation of all or part thereofdefense based upon any claim that Guarantor may have against Town.
Appears in 1 contract
Sources: Guaranty Agreement
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser Class A Lender and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement Indenture and shall not be discharged by such permitted the assignment or negotiation of all or part thereof.
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created Obligation existing after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser Lender and any successor, endorsee, transferee or assignee subsequent holder of Purchaser permitted under any of the Master Repurchase Agreement Notes and shall not be discharged by such permitted the assignment or negotiation of all or part thereofof the Obligor Loan Documents.
Appears in 1 contract
Sources: Guaranty Agreement (JetPay Corp)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Carveout Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser Lender and any successor, endorsee, transferee or assignee subsequent holder of Purchaser either Note permitted under the Master Repurchase Loan Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereofof either Note, in each case made in accordance with the Loan Agreement.
Appears in 1 contract
Sources: Guaranty of Completion and Non Recourse Carve Outs (Sentio Healthcare Properties Inc)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereof.
Appears in 1 contract
Nature of Guaranty. It is specifically agreed that:
(a) This Guaranty is an irrevocablea continuing, absolute, continuing unconditional irrevocable guaranty of payment and performance and not a guaranty of collection. ; (b) This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any the Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under the Master Repurchase Agreement Guarantor and shall not be discharged by such permitted assignment or negotiation binding upon the Guarantor and the respective legal representatives, executors, administrators and successors of all or part thereof.the Guarantor; and
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser Buyer and any successor, endorsee, transferee or subsequent assignee of Purchaser Buyer permitted under the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereof.
Appears in 1 contract
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty guarantee of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Purchaser Administrative Agent and any successor, endorsee, transferee or subsequent assignee of Purchaser permitted Administrative Agent under the Master Repurchase Agreement and shall not be discharged by such permitted the assignment or negotiation of all or part thereof.
Appears in 1 contract
Sources: Guaranty Agreement (KKR Real Estate Finance Trust Inc.)
Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guaranty of payment and performance by the Guarantors, and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising so long as the Senior Note is outstanding or created after any attempted revocation by Guarantorunless the Guarantors are otherwise released from their obligations under this Guaranty pursuant to the Loan Documents. This Notwithstanding anything to the contrary contained herein, this Guaranty may shall automatically terminate upon the payment in full of the Senior Note, and the Guarantors shall no longer be enforced by Purchaser and any successor, endorsee, transferee or assignee of Purchaser permitted under responsible for the Master Repurchase Agreement and shall not be discharged by such permitted assignment or negotiation of all or part thereofGuaranteed Obligations.
Appears in 1 contract