Rights of Set-Off. In addition to any rights of Lender under applicable law, during the continuance of any Event of Default under the Note or the other Loan Documents, Lender may at any time and without notice to Guarantors, but subject to the prior written approval of Agent, set-off and apply the whole or any portion or portions of any or all deposits (general or specific, time or demand, provisional or final, regardless of currency, maturity, or branch of Lender where the deposits are held) now or hereafter held by Lender or other sums credited by or due from any Lender to any Guarantor and any securities or other property of the Guarantors in the possession of such Lender against amounts payable under this Guaranty, whether or not any other person or persons could also withdraw money therefrom.
Appears in 5 contracts
Sources: Guaranty of Payment and Performance (Jernigan Capital, Inc.), Unconditional Guaranty of Payment and Performance (Jernigan Capital, Inc.), Unconditional Guaranty of Payment and Performance (Jernigan Capital, Inc.)
Rights of Set-Off. In addition to Regardless of the adequacy of any rights of Lender under applicable lawcollateral, during the continuance of any Event of Default under the Note Notes or the other Loan Documents, Lender may at any time and without notice to Guarantors, but subject to the prior written approval of Agent, set-off and apply the whole or any portion or portions of any or all deposits (general or specific, time or demand, provisional or final, regardless of currency, maturity, or branch of Lender where the deposits are held) of any Guarantor now or hereafter held by Lender or other sums credited by or due from any Lender to any Guarantor and any securities or other property of the Guarantors any Guarantor (but not, its Subsidiaries pursuant to this Guaranty) in the possession of such Lender against amounts payable under this Guaranty, whether or not any other person or persons could also withdraw money therefrom.
Appears in 1 contract
Sources: Unconditional Guaranty of Payment and Performance (Griffin-American Healthcare REIT III, Inc.)
Rights of Set-Off. In addition to Regardless of the adequacy of any rights of Lender under applicable lawcollateral, during the continuance of any Event of Default under the Note or the other Loan Documents, Lender may at any time and without notice to Guarantors, but subject to the prior written approval of Agent, set-off setoff and apply the whole or any portion or portions of any or all deposits (general or specific, time or demand, provisional or final, regardless of currency, maturity, or branch of Lender where the deposits are held) now or hereafter held by Lender or other sums credited by or due from any Lender to any Guarantor and any securities or other property of the Guarantors in the possession of such Lender against amounts payable under this Guaranty, whether or not any other person or persons could also withdraw money therefrom.
Appears in 1 contract
Sources: Unconditional Guaranty of Payment and Performance (Four Springs Capital Trust)
Rights of Set-Off. In addition to Regardless of the adequacy of any rights of Lender under applicable lawcollateral, during the continuance of any Event of Default under the Note or the other Loan Documents, Lender may at any time and without notice to Guarantors, but subject to the prior written approval of Agent, set-off and apply the whole or any portion or portions of any or all deposits (general or specific, time or demand, provisional or final, regardless of currency, maturity, or branch of Lender where the deposits are held) now or hereafter held by Lender or other sums credited by or due from any Lender to any Guarantor and any securities or other property of the Guarantors in the possession of such Lender against amounts payable under this Guaranty, whether or not any other person or persons could also withdraw money therefrom.
Appears in 1 contract
Sources: Unconditional Guaranty of Payment and Performance (Condor Hospitality Trust, Inc.)
Rights of Set-Off. In addition to Regardless of the adequacy of any rights of Lender under applicable lawcollateral, during the continuance of any Event of Default under the Note or the other Loan Documents, Lender may at any time and without notice to Guarantors, but subject to the prior written approval of Agent, set-off and apply the whole or any portion or portions of any or all deposits (general or specific, time or demand, provisional or final, regardless of currency, maturity, or branch of Lender where the deposits are held) now or hereafter held by Lender or other sums credited by or due from any Lender to any Guarantor and any securities or other property of the Guarantors in the possession of such Lender against amounts payable under this Guaranty, whether or not any other person or persons could also withdraw money therefrom.. Guaranty (Condor term loan)
Appears in 1 contract
Sources: Unconditional Guaranty of Payment and Performance (Condor Hospitality Trust, Inc.)