CONSENT AND AGREEMENT OF GUARANTOR. As a condition precedent to the obligations of Lender hereunder and the effectiveness hereof, Borrower agrees to provide to Lender concurrently with the execution and delivery of this Modification, a fully executed Consent and Agreement of Guarantor in form and substance acceptable to Lender in its sole and absolute discretion.
CONSENT AND AGREEMENT OF GUARANTOR. This Consent And Agreement of Guarantor is executed by the undersigned Xxxxxx Xxxxx Xxxxxxxx (the “Guarantor”) with respect to the foregoing Forbearance Agreement dated as of May 31, 2005 (the “5/31/05 Agreement”). Except as expressly stated otherwise herein, terms defined in the 5/31/05 Agreement will have the same meanings when used in this Consent And Agreement Of Guarantor. Guarantor has executed and delivered a secured unconditional guaranty of payment and performance for the benefit of GECC dated November 6, 2003, with respect to the Borrower (the “Guaranty”). Guarantor acknowledges (i) receiving and reading the 5/31/05 Agreement, (ii) the accuracy of the Recitals in the 5/31/05 Agreement, and (iii) the effectiveness, validity and enforceability of (A) the Guaranty, (B) Guarantor’s grant of a security interest and lien to GECC in all of the property described in the Guaranty and in the Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated November 6, 2003, and (C) any other agreements, documents, or instruments securing or otherwise relating to the Guaranty previously executed and delivered by Guarantor (including, without limitation, any arbitration provision and any environmental certification and indemnity agreement). The Guaranty and all such agreements, documents, and instruments executed and delivered in connection therewith are referred to individually and collectively as the “Guaranty Documents”. Guarantor consents to the agreement among Borrower, Parent, and GECC and all other matters stated in the 5/31/05 Agreement. Guarantor fully, finally, and forever releases and discharges GECC and its predecessors, successors, assigns, directors, officers, employees, attorneys, agents, representatives, and affiliates, from any and all actions, causes of action, claims, debts, demands, liabilities, obligations, and suits of whatever kind or nature, in law or equity, that Guarantor has or in the future may have, whether known or unknown (i) regarding the Loan, the GECC Documents, the 5/31/05 Agreement, the Guaranty Documents, or the actions or omissions of GECC relating to the Loan, the GECC Documents, the 5/31/05 Agreement, or the Guaranty Documents, and (ii) arising from events occurring prior to the date hereof. Guarantor agrees that all references in the Guaranty Documents, if any, to the Loan Agreement and any and all documents executed and/or delivered in relation to the Loan Agreement will be deemed to refer to suc...
CONSENT AND AGREEMENT OF GUARANTOR. This Consent and Agreement of Guarantor is executed by the undersigned Xxxxxx Xxxxx Xxxxxxxx (the “Guarantor”) with respect to the foregoing Tri-Party Agreement. Guarantor acknowledges receiving and reading the foregoing Tri-Party Agreement. Guarantor hereby consents to the Tri-Party Agreement and to Borrower’s entering into and performing under the foregoing Tri-Party Agreement. Guarantor further acknowledges and agrees that the Tri-Party Agreement has no affect upon the Guaranty Documents which documents shall continue in full force and effect. Dated as of the foregoing Tri-Party Agreement. /s/ Xxxxxx Xxxxx Xxxxxxxx XXXXXX XXXXX XXXXXXXX GUARANTOR
CONSENT AND AGREEMENT OF GUARANTOR. As a condition precedent to the obligations of Lender hereunder and the effectiveness hereof, Borrower agrees to provide to Lender concurrently with the execution and delivery of this Modification, (i) a Consent and Agreement of Guarantor and Joinder executed by Guarantor, (ii) a Guaranty Agreement executed by Additional Guarantor and (iii) a certified resolution of the board of directors of Additional Guarantor authorizing Additional Guarantor's unconditional guarantee of the obligations of Borrower under the Loan and the Loan Documents and designating the person or persons authorized to sign documents on behalf of Additional Guarantor to effectuate the foregoing, each in form and substance acceptable to Lender in its sole and absolute discretion.
CONSENT AND AGREEMENT OF GUARANTOR. This Consent And Agreement of Guarantor is executed by the undersigned Xxxxxx Xxxxx Xxxxxxxx (“Guarantor”) with respect to the foregoing Restructuring Agreement. Guarantor acknowledges receiving and reading the foregoing Restructuring Agreement, the form of the Consolidation Note attached as Exhibit A to the Restructuring Agreement, and Schedule 1 attached to the Restructuring Agreement. Guarantor hereby consents to the Restructuring Agreement, the Consolidation Note, and Schedule 1, and to Borrower’s entering into and performing under the foregoing Restructuring Agreement. Guarantor reaffirms and confirms his prior grant to GECC of a continuing first priority lien on the real property set forth in Number 44 on Schedule 1, attached to the Restructuring Agreement, and acknowledges and agrees that the Consolidation Note is secured by such property. Guarantor further acknowledges and agrees that the Restructuring Agreement has no effect upon the Guaranty Documents which documents shall continue in full force and effect until such time as all of the CF Obligations and the EF Obligations have been paid in full. Dated as of the foregoing Restructuring Agreement. /s/ Xxxxxx Xxxxx Xxxxxxxx XXXXXX XXXXX XXXXXXXX GUARANTOR
CONSENT AND AGREEMENT OF GUARANTOR. With respect to the SECOND LOAN MODIFICATION AGREEMENT dated as of March 13, 2024 (the “Agreement”) between REDWOOD MORTGAGE INVESTORS IX, LLC, a Delaware limited liability company (“Borrower”), WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”), the undersigned (“Guarantor”) agrees for the benefit of Xxxxxx as follows:
