Common use of Attachment Clause in Contracts

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Borrower, any other Loan Party or any other Subsidiary, which exceeds, individually or together with all other such warrants, writs, executions and processes, (1) for the Borrower or any Guarantor, $25,000,000, or (2) for any other Subsidiaries, $50,000,000, and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any Subsidiary.

Appears in 14 contracts

Samples: Credit Agreement (Select Income REIT), Credit Agreement (Office Properties Income Trust), Term Loan Agreement (Select Income REIT)

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Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Borrower, any other Loan Party or any other Subsidiary, which exceeds, individually or together with all other such warrants, writs, executions and processes, (1) for the Borrower or any Guarantor, $25,000,000, or (2) for any other Subsidiaries, $50,000,000, and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any Subsidiary.

Appears in 12 contracts

Samples: Term Loan Agreement (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust), Franchise Agreement (Hospitality Properties Trust)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Parent, the Borrower, any other Loan Party or any other Subsidiary, which exceeds, individually or together with all other such warrants, writs, executions and processes, (1) for the Borrower or any Guarantor, $25,000,000, or (2) for any other Subsidiaries, $50,000,000, 75,000,000 in amount and such warrant, writ, execution or process shall not be satisfied, paid, discharged, vacated, stayed or bonded for a period of thirty (30) 20 consecutive days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance reasonably satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower Borrower, any other Loan Party or any other Subsidiary.

Appears in 6 contracts

Samples: Credit Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.), Term Loan Agreement (Sunstone Hotel Investors, Inc.)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property asset of the Borrower, any other Loan Party or any other Subsidiary, Subsidiary which exceeds, individually or together with all other such warrants, writs, executions and processes, (1i) for with respect to the Borrower or Parent and any Guarantorother Loan Parties, $25,000,000, 25,000,000 or (2ii) for any other Subsidiarieswith respect to Subsidiaries that are not Loan Parties, $50,000,000, 25,000,000 and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any SubsidiaryLoan Party.

Appears in 4 contracts

Samples: Term Loan Agreement (Kite Realty Group Trust), Term Loan Agreement (Kite Realty Group Trust), Credit Agreement (Kite Realty Group Trust)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Borrower, any other Loan Party or any other Subsidiary, Subsidiary which exceeds, individually or together with all other such warrants, writs, executions and processes, (1) for $10,000,000 in amount in the Borrower or any Guarantor, $25,000,000case of a Loan Party, or (2) for $20,000,000 in amount in the case of any other SubsidiariesSubsidiary that is not a Loan Party and, $50,000,000in each case, and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any SubsidiaryLoan Party.

Appears in 3 contracts

Samples: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)

Attachment. A warrant, writ of attachment, execution execution, or similar process shall be issued against any property of the Borrower, any other Loan Party Borrower or any other Subsidiary, Consolidated Subsidiary which exceeds, individually or together with all other such warrants, writs, executions executions, and processes, (1) for the Borrower or any Guarantor, $25,000,000, or (2) for any other Subsidiaries, $50,000,000, 25,000,000 in amount and such warrant, writ, execution execution, or process shall not be paid, discharged, vacated, stayed stayed, or bonded for a period of thirty (30) 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution execution, or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution contribution, or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any Subsidiaryof its Consolidated Subsidiaries.

Appears in 3 contracts

Samples: Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Parent, the Borrower, any other Loan Party or any other Subsidiary, Subsidiary which exceeds, individually or together with all other such warrants, writs, executions and processes, (1i) for the Parent, the Borrower or any Guarantor, and the other Loan Parties $25,000,000, 10,000,000 or (2ii) for any all other Subsidiaries, Subsidiaries $50,000,000, and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any SubsidiaryLoan Party.

Appears in 3 contracts

Samples: Assignment and Acceptance Agreement (U-Store-It Trust), Assignment and Acceptance Agreement (CubeSmart, L.P.), Assignment and Acceptance Agreement (U-Store-It Trust)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Parent, the Borrower, any other Loan Party or any other Subsidiary, Subsidiary which exceeds, individually or together with all other such warrants, writs, executions and processes, (1i) for the Parent, the Borrower or any Guarantor, and the other Loan Parties $25,000,000, 10,000,000 or (2ii) for any all other Subsidiaries, Subsidiaries $50,000,000, and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any SubsidiaryLoan Party.

Appears in 3 contracts

Samples: Credit Agreement (U-Store-It Trust), Assignment and Acceptance Agreement (U-Store-It Trust), Credit Agreement (U-Store-It Trust)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the a Borrower, any Subsidiary or any other Loan Party or any other Subsidiary, which exceeds, individually or together with all other such warrants, writs, executions and processes, (1) for the a Borrower or any Guarantor, $25,000,00010,000,000 in any calendar year, or (2) for any other Subsidiaries, $50,000,00020,000,000 in any calendar year, and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any Subsidiary.Loan Party. (k)

Appears in 2 contracts

Samples: Credit Agreement (Gables Realty Limited Partnership), Credit Agreement (Gables Residential Trust)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Parent, the Borrower, any Subsidiary of the Parent or the Borrower or any other Loan Party or any other Subsidiary, which exceeds, individually or together with all other such warrants, writs, executions and processes, $10,000,000 (1or $20,000,000 in the case of any Subsidiary that is not a Loan Party) for the Borrower or any Guarantor, $25,000,000, or (2) for any other Subsidiaries, $50,000,000, in amount and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any SubsidiaryLoan Party.

Appears in 1 contract

Samples: Credit Agreement (Corporate Office Properties Trust)

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Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Borrower, any other Loan Party or any other Subsidiary, Subsidiary which exceeds, individually or together with all other such warrants, writs, executions and processes, (1) for $10,000,000 in amount in the case of the Borrower or any Guarantor, $25,000,000, or and the other Loan Parties and (2) for any other Subsidiaries, $50,000,00020,000,000 in amount in the case of Subsidiaries that are not Guarantors, and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any SubsidiaryLoan Party.

Appears in 1 contract

Samples: Credit Agreement (Government Properties Trust Inc)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the a Borrower, any Subsidiary or any other Loan Party or any other Subsidiary, which exceeds, individually or together with all other such warrants, writs, executions and processes, (1) for the Borrower or any Guarantor, $25,000,00015,000,000 in any calendar year, or (2) for any other Subsidiaries, $50,000,00030,000,000 in any calendar year, and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any SubsidiaryLoan Party.

Appears in 1 contract

Samples: Credit Agreement (Gables Realty Limited Partnership)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of any Loan Party, the Borrower, any other Loan Party Parent or any other Significant Subsidiary, which exceeds, individually or together with all other such warrants, writs, executions and processes, one percent (1%) of Gross Asset Value for the Borrower or any Guarantor, $25,000,000, or (2) quarter most recently ended as reported on the Compliance Certificate for any other Subsidiaries, $50,000,000, such quarter and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or ws3C1.tmp bonded for a period of thirty (30) 60 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of any Loan Party or the Borrower or any SubsidiaryParent.

Appears in 1 contract

Samples: Unsecured Credit Agreement (CBL & Associates Properties Inc)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Parent, the Borrower, any Subsidiary of the Parent or the Borrower or any other Loan Party or any other Subsidiary, which exceeds, individually or together with all other such warrants, writs, executions and processes, $20,000,000 (1or $50,000,000 in the case of any Subsidiary that is not a Loan Party) for the Borrower or any Guarantor, $25,000,000, or (2) for any other Subsidiaries, $50,000,000, in amount and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any SubsidiaryLoan Party.

Appears in 1 contract

Samples: Credit Agreement (Corporate Office Properties Trust)

Attachment. A warrant, writ of attachment, execution or similar process shall be issued against any property of the Borrower, any other Loan Party or any other Subsidiary, which exceeds, individually or together with all other such warrants, writs, executions and processes, (1) for the Borrower or any Guarantor, $25,000,000, or (2) for any other Subsidiaries, $50,000,000, and such warrant, writ, execution or process shall not be paid, discharged, vacated, stayed or bonded for a period of thirty (30) 30 days; provided, however, that if a bond has been issued in favor of the claimant or other Person obtaining such warrant, writ, execution or process, the issuer of such bond shall execute a waiver or subordination agreement in form and substance satisfactory to the Administrative Agent pursuant to which the issuer of such bond subordinates LEGAL02/3698915037492873v32 its right of reimbursement, contribution or subrogation to the Obligations and waives or subordinates any Lien it may have on the assets of the Borrower or any Subsidiary.

Appears in 1 contract

Samples: Term Loan Agreement (Senior Housing Properties Trust)

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