Common use of Other Actions Taken or Omitted Clause in Contracts

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 100 contracts

Samples: Interest and Completion (reAlpha Tech Corp.), Guaranty (Stratus Properties Inc), Guaranty Agreement (ACRES Commercial Realty Corp.)

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Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 33 contracts

Samples: Guaranty (Gc Net Lease Reit, Inc.), Moody National REIT I, Inc., Guaranty (Inland American Real Estate Trust, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documentsthis Agreement, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that each Guarantor shall be obligated to joint and severally pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 27 contracts

Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\), Pledge Agreement (Quintana Energy Services Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 23 contracts

Samples: Guaranty of Recourse Obligations (TPG RE Finance Trust, Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor Guarantors or increases the likelihood that Guarantor Guarantors will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor such Guarantors shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 15 contracts

Samples: Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Assumption Agreement (American Realty Capital Hospitality Trust, Inc.), Assumption Agreement (American Realty Capital Hospitality Trust, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 11 contracts

Samples: Guaranty and Indemnity Agreement, Guaranty Agreement (Park Hotels & Resorts Inc.), Guaranty Agreement (ESH Hospitality, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor Guarantors or increases the likelihood that Guarantor Guarantors will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor such Guarantors shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 10 contracts

Samples: Loan Agreement (W2007 Grace Acquisition I Inc), Mandatory Redemption Guaranty (W2007 Grace Acquisition I Inc), Bad Boy Guaranty (W2007 Grace Acquisition I Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay and perform the Guaranteed Obligations pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay and perform the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 8 contracts

Samples: Guaranty Agreement (MGM Resorts International), Guaranty Agreement (MGM Resorts International), Guaranty Agreement (CorePoint Lodging Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsAgreement, the Guaranteed ObligationsIndebtedness or any part thereof, or the security and collateral therefor, whether or not such action or omission prejudices the Guarantor or increases the likelihood that Guarantor he will be required to pay the Guaranteed Obligations Indebtedness pursuant to the terms hereof, ; it is being the unambiguous and unequivocal intention of the Guarantor that Guarantor he shall be obligated to pay the Guaranteed Obligations Indebtedness guaranteed hereby when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsIndebtedness.

Appears in 8 contracts

Samples: Form of Guaranty Agreement (Baron Energy Inc.), Guaranty Agreement (Baron Energy Inc.), Guaranty Agreement (Baron Energy Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Credit Agreement or the other Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices the Guarantor or increases the likelihood that the Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, ; it is being the unambiguous and unequivocal intention of the Guarantor that the Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 8 contracts

Samples: Revolving Credit Agreement (Ocean Energy Inc /Tx/), Guaranty Agreement (Ocean Energy Inc), Guaranty Agreement (Ocean Energy Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsCredit Agreement, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor Guarantors or increases the likelihood or risk that Guarantor Guarantors will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor Guarantors shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Horton D R Inc /De/), Revolving Credit Agreement (Horton D R Inc /De/), Credit Agreement (Protection One Alarm Monitoring Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Agreement, the Security Documents, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor it shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 6 contracts

Samples: Modification Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc), Guaranty Agreement (Natural Gas Services Group Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsCredit Agreement or the other Security Instruments, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices the Guarantor or increases the likelihood that the Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, ; it is being the unambiguous and unequivocal intention of the Guarantor that the Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 6 contracts

Samples: Guaranty Agreement (Corrida Resources Inc), Guaranty Agreement (Queen Sand Resources Inc), Guaranty Agreement (Queen Sand Resources Inc)

Other Actions Taken or Omitted. Any Notwithstanding any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Guarantied Obligations, or the security and collateral thereforSecurity, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Guarantied Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Guarantied Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of the Guaranteed such Guarantied Obligations.

Appears in 6 contracts

Samples: Limited Guaranty, Guaranty (Colony NorthStar Credit Real Estate, Inc.), Guaranty (Colony NorthStar Credit Real Estate, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsCredit Agreement or the other Security Instruments, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices the Guarantor or increases the likelihood that the Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, ; it is being the unambiguous and unequivocal intention of the Guarantor that the Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly particu larly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 6 contracts

Samples: Guaranty Agreement (United Meridian Corp), Guaranty Agreement (United Meridian Corp), Guaranty Agreement (United Meridian Corp)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Loan Agreement (Morgans Hotel Group Co.), Third Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Closing Guaranty of Completion (Morgans Hotel Group Co.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay or perform the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay and perform the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation and Guarantor's liability hereunder shall be deemed satisfied only upon the full and final payment payment, performance and satisfaction of the Guaranteed Obligations.

Appears in 5 contracts

Samples: Guaranty Agreement (Owens Realty Mortgage, Inc.), Guaranty (IMH Financial Corp), Guaranty (IMH Financial Corp)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsLease, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Guaranty of Lease (Crescent Operating Inc), Guaranty Agreement (Crescent Operating Inc), Crescent Operating Inc

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices the Guarantor or increases the likelihood that the Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of the Guarantor that Guarantor it shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Non Recourse Carveout Guaranty Agreement, Second Amended (Owl Rock Capital Corp II), Non Recourse Carveout Guaranty Agreement (Owl Rock Capital Corp II)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 4 contracts

Samples: Completion Guaranty Agreement (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.), Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Obligations, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices the Guarantor or increases the likelihood that the Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of the Guarantor that Guarantor it shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Non Recourse Carveout Guaranty Agreement (Kennedy Lewis Capital Co), Non Recourse Carveout Guaranty Agreement (Stone Point Credit Corp), Non Recourse Carveout Guaranty Agreement (Apollo Debt Solutions BDC)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsNote, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 3 contracts

Samples: Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)

Other Actions Taken or Omitted. Any Notwithstanding any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Guarantied Obligations, or the security and collateral thereforSecurity, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Guarantied Obligations, as limited by Section 2(b), pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Guarantied Obligations, as limited by Section 2(b), when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guarantied Obligation only upon the full and final payment and satisfaction of the Guaranteed such Guarantied Obligations.

Appears in 3 contracts

Samples: Guaranty (Cim Real Estate Finance Trust, Inc.), Guaranty (Cim Real Estate Finance Trust, Inc.), Guaranty (Colony Credit Real Estate, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 3 contracts

Samples: Guaranty Agreement (Terra Tech Corp.), Guaranty Agreement (Terra Tech Corp.), Guaranty Agreement (Terra Tech Corp.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsInstruments, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Kilroy Realty, L.P., Nordstrom Inc

Other Actions Taken or Omitted. Any Notwithstanding any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Obligations, or the security and collateral thereforSecurity, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Obligations, pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Obligations, when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guaranteed Obligation only upon the full and final payment and satisfaction of the such Guaranteed Obligations.

Appears in 2 contracts

Samples: Guaranty (Seven Hills Realty Trust), Guaranty (Tremont Mortgage Trust)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, as amended, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 2 contracts

Samples: Stratus Properties Inc, Stratus Properties Inc

Other Actions Taken or Omitted. Any Notwithstanding any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Guarantied Obligations, or the security and collateral thereforSecurity, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Guarantied Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Guarantied Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guarantied Obligation only upon the full and final payment and satisfaction of the Guaranteed such Guarantied Obligations.

Appears in 2 contracts

Samples: Guaranty (LoanCore Realty Trust, Inc.), Guaranty (Resource Capital Corp.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Guaranty (Infousa Inc), Guaranty (Infousa Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsObligations (except for only those obligations which, by their express terms, survive indefeasible repayment of the Debt).

Appears in 2 contracts

Samples: Guaranty Agreement (Five Point Holdings, LLC), Mezzanine Guaranty Agreement (Five Point Holdings, LLC)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsFinancing Agreements, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood or risk that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Global Senior Credit Agreement (Prologis), Global Senior Credit Agreement (Prologis)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed ObligationsDebt, or the security and collateral therefor, therefore whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 2 contracts

Samples: Guaranty Agreement (Terra Energy & Resource Technologies, Inc.), Guaranty Agreement (Terra Energy & Resource Technologies, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Release (Moody National REIT I, Inc.), Moody National REIT I, Inc.

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation and Guarantor's liability hereunder shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 2 contracts

Samples: Repayment Guaranty (Inland Real Estate Income Trust, Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final indefeasible payment and satisfaction of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Non Recourse Carve Out Guaranty Agreement (Allegiant Travel CO), Guaranty of Payment (Allegiant Travel CO)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 2 contracts

Samples: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Guaranty (Carter Validus Mission Critical REIT, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Agreement, the Security Documents, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor NGSG or increases the likelihood that Guarantor NGSG will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor NGSG that Guarantor it shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 2 contracts

Samples: Modification Agreement (Natural Gas Services Group Inc), Guaranty Agreement (Natural Gas Services Group Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Guaranty Agreement (Griffin Capital Essential Asset REIT II, Inc.), Guaranty Agreement (Griffin Capital Essential Asset REIT, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoeverwhatsoever (other than actions that constitute Permitted Guarantor Defenses), whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Alexanders Inc, Alexanders Inc

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor Support Provider or increases the likelihood that Guarantor Support Provider will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of Guarantor Support Provider that Guarantor Support Provider shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Guaranty (American Finance Trust, Inc), Guaranty (American Finance Trust, Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, Lease or the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor it shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Lease (Terra Tech Corp.), Guaranty (Terra Tech Corp.)

Other Actions Taken or Omitted. Any Notwithstanding any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Guarantied Obligations, or the security and collateral thereforSecurity, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations under this Guaranty when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed such Guarantied Obligations.

Appears in 2 contracts

Samples: Guaranty (Claros Mortgage Trust, Inc.), Guaranty (Claros Mortgage Trust, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documentsthis Agreement, the Guaranteed Subordinated Obligations, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Subordinated Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that each Guarantor shall be obligated to joint and severally pay the Guaranteed Subordinated Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Subordinated Obligations.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Brigham Exploration Co), Subordinated Credit Agreement (Brigham Exploration Co)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsCredit Agreement, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood or risk that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 2 contracts

Samples: Credit Agreement (Protection One Alarm Monitoring Inc), Credit Agreement (Prentiss Properties Trust/Md)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documentsthis Agreement, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that each Guarantor shall be obligated to jointly and severally pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Diamondback Energy Services, Inc.), Credit Agreement (Diamondback Energy Services, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken by Maker with respect to any of the Loan Documents, the Guaranteed Obligations, Debt or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay or perform the Guaranteed Obligations Debt pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor and Noteholder that Guarantor shall be obligated to pay and perform the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and performance and satisfaction of the Guaranteed ObligationsDebt.

Appears in 1 contract

Samples: Absolute, Unconditional Guaranty (Pacific Sunwear of California Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsNote, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Obligations.Debt. ARTICLE III

Appears in 1 contract

Samples: www.sec.gov

Other Actions Taken or Omitted. Any Notwithstanding any other action taken or omitted to be taken with respect to the Purchased Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Prospect Acquisition Corp)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documentsto, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices the Guarantor or increases the likelihood that the Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of the Guarantor that that, the Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 1 contract

Samples: And Waiver Agreement (Enhance Financial Services Group Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Strategic Storage Trust, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documentsthis Agreement, any other Transaction Document, the Guaranteed Obligations, or the Collateral or other security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that each Guarantor shall be obligated to jointly and severally pay and perform all the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction performance of the Guaranteed Obligations.

Appears in 1 contract

Samples: Master Transaction Agreement (Total Gas & Electricity (PA) Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Financing Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty Agreement (Kerzner International LTD)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of each Guarantor that Guarantor it shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Credit Agreement (CBRE Acquisition Holdings, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Mortgage Loan Document, Mezzanine Loan Documents, the Lease Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of each Guarantor that Guarantor it shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Ventas Inc)

Other Actions Taken or Omitted. Any other action taken or ------------------------------ omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Wellington Properties Trust

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsCredit Agreement, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor Guarantors or increases the likelihood or risk that Guarantor Guarantors will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor Guarantors shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Obligations.Debt. SECTION 3

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the the-terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full frill and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Lease Agreement (Spectrum Brands, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsLoan.

Appears in 1 contract

Samples: Limited Recourse Guaranty (Generation Income Properties, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations if and when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.. ARTICLE III

Appears in 1 contract

Samples: Guaranty Agreement (Hcp, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsFacility Letter, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood or risk that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 1 contract

Samples: Unconditional Guaranty Agreement (Dsi Toys Inc)

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Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsAgreement, the Guaranteed ObligationsObligation, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood or risk that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, Obligation; it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Obligation when duedue pursuant to SECTION 5 hereof, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described hereinin this Guaranty, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsObligation.

Appears in 1 contract

Samples: Unconditional Guaranty Agreement (America West Holdings Corp)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or MORGAN GUARANTY TRUST COMPANY 7 not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Poore Brothers Inc

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor Guarantors or increases the likelihood that Guarantor Guarantors will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor such Guarantors shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.. ARTICLE3

Appears in 1 contract

Samples: Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to any of the Loan DocumentsLeases, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Master Guaranty (Crescent Operating Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay or perform the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay and perform the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation and Guarantor's liability hereunder shall be deemed satisfied only upon the full and final payment payment, performance and satisfaction of the Guaranteed Obligations.. 2.14

Appears in 1 contract

Samples: www.sec.gov

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsCredit Facility, the Guaranteed Obligations, Debt or the security and collateral therefor, whether or not such action or omission prejudices Guarantor Guarantors or increases the likelihood or risk that Guarantor Guarantors will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is being the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor Guarantors shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the indefeasible full and final payment and satisfaction in full in cash of the Guaranteed ObligationsDebt.

Appears in 1 contract

Samples: Guaranty Agreement (Prologis, L.P.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed ObligationsObligation, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations Obligation pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations Obligation when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsObligation.

Appears in 1 contract

Samples: Guaranty Agreement (Non Qualified Mandatory Prepayment) (Morgans Hotel Group Co.)

Other Actions Taken or Omitted. Any other action taken or ------------- ------------------------------ omitted to be taken with respect to the Loan Documentsto, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of such Guarantor that that, such Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 1 contract

Samples: Pledge Agreement (Centris Group Inc)

Other Actions Taken or Omitted. Any Notwithstanding any other action taken or omitted to be taken with respect to the Loan Transaction Documents, the Guaranteed Guarantied Obligations, or the security and collateral thereforSecurity, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Guarantied Obligations, pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Guarantied Obligations, when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied as to any Guarantied Obligation only upon the full and final payment and satisfaction of the Guaranteed such Guarantied Obligations.

Appears in 1 contract

Samples: Member Guaranty (Blackstone Mortgage Trust, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents or the Security Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (GMH Communities Trust)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsCredit Agreement, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood or risk that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 1 contract

Samples: Loan Agreement (Camden Property Trust)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor Guarantors or increases the likelihood that Guarantor Guarantors will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor Guarantors shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.. AMENDED AND RESTATED GUARANTY - Page 7 (PRIME GROUP REALTY, L.P.) 43412-20/Continental Towers •

Appears in 1 contract

Samples: Guaranty (Prime Group Realty Trust)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Sentio Healthcare Properties Inc

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligationsobligations guaranteed hereby, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations obligations guaranteed hereby pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations obligations guaranteed hereby when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligationsobligations guaranteed hereby.

Appears in 1 contract

Samples: Pope Resources LTD Partnership

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Transfer Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cottonwood Multifamily Opportunity Fund, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that each Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Assisted 4 Living, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Mezzanine Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it . It is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Capital Trust Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documentsany security agreement, the Guaranteed ObligationsIndebtedness, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Indebtedness pursuant to the terms hereof, ; it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Indebtedness when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsIndebtedness.

Appears in 1 contract

Samples: Commercial Guaranty Agreement (Independent Bank Group Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Completion Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Completion Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Completion Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final indefeasible payment and satisfaction of the Guaranteed Completion Obligations.

Appears in 1 contract

Samples: Guaranty of Completion (Allegiant Travel CO)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Mezzanine Loan Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor either or both Guarantors or increases the likelihood that Guarantor either or both Guarantors will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor Guarantors shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Horizon Group Properties Inc

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsAgreement, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood or risk that any Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor Guarantors shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cross Timbers Oil Co)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor either or both Guarantors or increases the likelihood that Guarantor either or both Guarantors will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor Guarantors shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Horizon Group Properties Inc

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of each Guarantor that Guarantor it shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Ventas Inc

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan DocumentsFinancing Agreements, the Guaranteed Obligations, Obligations or the security and collateral therefor, whether or not such action or omission prejudices Guarantor Guarantors or increases the likelihood or risk that Guarantor Guarantors will be required to pay the Guaranteed Obligations pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor Guarantors that Guarantor Guarantors shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, action or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Global Senior Credit Agreement (Prologis)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or EXHIBIT B – PAGE 6 uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Loan Agreement

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, the Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations or the Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations or the Obligations.

Appears in 1 contract

Samples: Indemnity Guaranty (Katapult Holdings, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices a Guarantor or increases the likelihood that such Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Non Recourse Guaranty (Net Element International, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral Collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay or perform the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay and perform the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation and Guarantor’s liability hereunder shall be deemed satisfied only upon the full and final payment and satisfaction Payment in Full of the Guaranteed Obligations.

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Inland Real Estate Income Trust, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents or the Security Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (GMH Communities Trust)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Mortgage Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: First Mezzanine Closing (Morgans Hotel Group Co.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.. AMENDED AND RESTATED GUARANTY - Page 7 (PRIME GROUP REALTY, L.P.) 43412-20/Continental Towers

Appears in 1 contract

Samples: Guaranty (Prime Group Realty Trust)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Loan Obligations, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, ; and it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the indefeasible payment in full and final payment and satisfaction of the Guaranteed Obligations.

Appears in 1 contract

Samples: Carveout Guaranty (Trinity Place Holdings Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed ObligationsDebt, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor that the Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt or the express release by the Purchasers of the Guarantor’s obligations hereunder.

Appears in 1 contract

Samples: H-Cyte, Inc.

Other Actions Taken or Omitted. Any other action ------------------------------ taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, Indebtedness or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Indebtedness pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations Indebtedness when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsIndebtedness.

Appears in 1 contract

Samples: Neon Systems Inc

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Mortgage Loan Documents, the Guaranteed ObligationsObligation, or the security and collateral therefor, whether or not such action or omission prejudices any Guarantor or increases the likelihood that any Guarantor will be required to pay the Guaranteed Obligations Obligation pursuant to the terms hereof, it is being the unambiguous and unequivocal intention of each Guarantor that such Guarantor shall be obligated to pay the Guaranteed Obligations Obligation when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed ObligationsObligation.

Appears in 1 contract

Samples: First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed ObligationsDebt, or the security and security, or the Property, and/or any collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations Debt pursuant to the terms hereof, ; it is the unambiguous and unequivocal intention of Guarantor that that, subject to the other provisions of this Guaranty, including without limitation, the last sentence of section 1.01 above, Guarantor shall be obligated to pay the Guaranteed Obligations Debt when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon except for the full and final payment and satisfaction of the Guaranteed ObligationsDebt.

Appears in 1 contract

Samples: Guaranty (Steadfast Income REIT, Inc.)

Other Actions Taken or Omitted. Any other action taken or omitted to be taken with respect to the Loan Documents, the Guaranteed Obligations, or the security and collateral therefor, whether or not such action or omission prejudices Guarantor or increases the likelihood that Guarantor will be required to pay the Guaranteed Obligations pursuant to the terms hereof, it is the unambiguous and unequivocal intention of Guarantor that Guarantor shall be obligated to pay the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action, or omission whatsoever, whether contemplated or uncontemplatednot contemplated, and whether or not otherwise or particularly described herein, which obligation shall be deemed satisfied only upon the full and final payment and satisfaction of the Guaranteed Obligations.. [23525-0009-000000/SB043500.178] --GUARANTY

Appears in 1 contract

Samples: Guaranty (Emeritus Corp\wa\)

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