Common use of Assumption by New Indemnitor of Guaranty Clause in Contracts

Assumption by New Indemnitor of Guaranty. New Indemnitor hereby assumes and agrees, on a joint and several basis with Current Indemnitor, to be liable and responsible for and bound by all of Current Indemnitor’s obligations, agreements and liabilities under the Guaranty, as amended hereby, including but not limited to the jury waiver and other waivers set forth therein, as fully and completely as if New Indemnitor had originally executed and delivered such Guaranty, as amended hereby, as the guarantor/indemnitor thereunder. New Indemnitor further agrees to pay, perform and discharge each and every obligation of payment and performance of Current Indemnitor under, pursuant to and as set forth in the Guaranty, as amended hereby, at the time, in the manner and otherwise in all respects as therein provided. From and after the Effective Date, the Guaranty is amended to provide that all references to the term “Guarantor” used in the Guaranty shall mean and refer to New Indemnitor.

Appears in 2 contracts

Samples: Consent Agreement (Clipper Realty Inc.), Consent Agreement (Clipper Realty Inc.)

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Assumption by New Indemnitor of Guaranty. From and after the Acquisition Date, New Indemnitor hereby hereby, jointly and severally, assumes and agrees, on a joint and several basis with Current Indemnitor, agrees to be liable and responsible for and bound by all of Current Original Indemnitor’s 's obligations, agreements and liabilities under the Guaranty, as amended herebyliabilities, including but not limited to the jury waiver and other waivers set forth therein, under the Guaranty, as fully and completely as if the New Indemnitor had originally executed and delivered such Guaranty, as amended hereby, Guaranty as the guarantor/indemnitor thereunder. New Indemnitor further agrees to pay, perform and discharge each and every obligation of payment and performance of Current Indemnitor any guarantor/indemnitor under, pursuant to and as set forth in the Guaranty, as amended hereby, Guaranty at the time, in the manner and otherwise in all respects as therein provided. With respect to the environmental obligations of New Indemnitor pursuant to Section 1 (h) of the Guaranty, the liability of New Indemnitor shall be joint and several with that of New Borrower. From and after the Effective Datedate hereof, the Guaranty is amended to provide that all references to the term “Guarantor” "BORROWER" used in the Guaranty shall mean and refer to the New IndemnitorBorrower.

Appears in 1 contract

Samples: Note and Deed of Trust Assumption Agreement (Cole Credit Property Trust II Inc)

Assumption by New Indemnitor of Guaranty. From and after the Acquisition Date, New Indemnitor hereby hereby, jointly and severally, assumes and agrees, on a joint and several basis with Current Indemnitor, agrees to be liable and responsible for and bound by all of Current Original Indemnitor’s 's obligations, agreements and liabilities under the Guaranty, as amended herebyliabilities, including but not limited to the jury waiver and other waivers set forth therein, under the Guaranty, as fully and completely as if the New Indemnitor had originally executed and delivered such Guaranty, as amended hereby, Guaranty as the guarantor/indemnitor thereunder. New Indemnitor further agrees to pay, perform and discharge each and every obligation of payment and performance of Current Indemnitor any guarantor/indemnitor under, pursuant to and as set forth in the Guaranty, as amended hereby, Guaranty at the time, in the manner and otherwise in all respects as therein provided. With respect to the environmental obligations of New Indemnitor pursuant to section 1(h) of the Guaranty, the liability of New Indemnitor shall be joint and several with that of New Borrower. From and after the Effective Datedate hereof, the Guaranty is amended to provide that all references to the term “Guarantor” "BORROWER" used in the Guaranty shall mean and refer to the New IndemnitorBorrower.

Appears in 1 contract

Samples: Note and Deed of Trust Assumption Agreement (Cole Credit Property Trust II Inc)

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Assumption by New Indemnitor of Guaranty. From and after the Effective Date, New Indemnitor hereby assumes and agrees, on a joint and several basis with Current Indemnitor, agrees to be liable and responsible for and bound by all of Current Indemnitor’s the obligations, agreements and liabilities under the Guaranty, as amended herebyliabilities, including but not limited to the jury waiver and other waivers set forth therein, under the Guaranty, as amended by this New Indemnitor Joinder, as fully and completely as if the New Indemnitor had originally executed and delivered such Guaranty, as amended herebyby this New Indemnitor Joinder, as the guarantor/indemnitor thereunder. New Indemnitor further agrees to pay, perform and discharge each and every obligation of payment and performance of Current Indemnitor any guarantor/indemnitor under, pursuant to and as set forth in the Guaranty, as amended herebyby this New Indemnitor Joinder, at the time, in the manner and otherwise in all respects as therein provided. From and after the Effective Date, the Guaranty is amended to provide that all references to the term "Borrower" used in the Guaranty shall mean and refer to New Borrower and the term "Guarantor" used in the Guaranty shall mean and refer to New Indemnitor.

Appears in 1 contract

Samples: Note and Mortgage Assumption Agreement (World Wrestling Entertainmentinc)

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