Continuing Guaranty. The Guarantor agrees that performance of the Obligations by Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that Guarantor may have against the Lender, the Borrower, any other guarantor of the Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not Guarantor shall have any knowledge thereof):
Appears in 5 contracts
Samples: Inland Real Estate Income Trust, Inc., Inland Real Estate Income Trust, Inc., Inland Real Estate Income Trust, Inc.
Continuing Guaranty. The Each Guarantor agrees that performance of the Guaranteed Obligations by Guarantor Guarantors shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that either Guarantor may have against the Lender, the Borrower, any other guarantor of the Guaranteed Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not such Guarantor shall have had any knowledge thereof):), including without limitation:
Appears in 3 contracts
Samples: Strategic Storage Trust VI, Inc., Strategic Storage Trust VI, Inc., Strategic Storage Trust VI, Inc.
Continuing Guaranty. The Guarantor agrees that the performance of the Obligations by the Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against the Lender, the Borrower, any other guarantor of the Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 3 contracts
Samples: Grubb & Ellis Healthcare REIT, Inc., Grubb & Ellis Healthcare REIT, Inc., Grubb & Ellis Healthcare REIT, Inc.
Continuing Guaranty. The Guarantor agrees that that, other than as set forth in this Guaranty, performance of the Obligations by the Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against the Lender, the Borrower, any other guarantor of the Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 2 contracts
Samples: Guaranty of Payment (NNN 2003 Value Fund LLC), Guaranty of Payment (NNN 2003 Value Fund LLC)
Continuing Guaranty. The Each Guarantor agrees that performance by such Guarantor of the Obligations by Guarantor obligations under this Guaranty shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that such Guarantor may have against the Lender, the Borrower, any other guarantor of the Guaranteed Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not such Guarantor shall have any knowledge thereof):), including without limitation —
Appears in 2 contracts
Samples: Guaranty of Payment and Performance (Adcare Health Systems Inc), Payment and Performance (Adcare Health Systems Inc)
Continuing Guaranty. The Each Guarantor agrees that performance by such Guarantor of the Obligations by Guarantor obligations under this Guaranty shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that such Guarantor may have against the Lender, the BorrowerBorrowers, any other guarantor of the Guaranteed Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not such Guarantor shall have any knowledge thereof):), including without limitation —
Appears in 2 contracts
Samples: Guaranty of Payment and Performance (Adcare Health Systems Inc), Guaranty of Payment and Performance (Adcare Health Systems Inc)
Continuing Guaranty. The Guarantor agrees that performance of the Borrower’s Obligations by Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that Guarantor may have against the Lender, the Borrower, any other guarantor of the Borrower’s Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 2 contracts
Samples: Payment and Completion (Horizon Group Properties Inc), Guaranty of Payment (Horizon Group Properties Inc)
Continuing Guaranty. The Guarantor agrees that performance by the Guarantor of the Obligations by Guarantor its obligations under this Guaranty shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-offset‑off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against the Lender, the BorrowerBorrowers, any other guarantor of the Guaranteed Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation --
Appears in 2 contracts
Samples: Payment And (Adcare Health Systems, Inc), Payment and Performance (Adcare Health Systems, Inc)
Continuing Guaranty. The Guarantor agrees that the performance of the Obligations by the Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against the Lender, the Borrower, any other guarantor of the Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 2 contracts
Samples: Industrial Services of America Inc /Fl, Industrial Services of America Inc
Continuing Guaranty. The Guarantor agrees that performance of the Obligations by the Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against the Lender, the Borrower, any other guarantor of the Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Samples: Guaranty of Payment (Grubb & Ellis Healthcare REIT, Inc.)
Continuing Guaranty. The Guarantor agrees that performance of the Sellers’ Obligations by Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that Guarantor may have against the LenderBuyer, the BorrowerSellers, any other guarantor of the Sellers’ Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Samples: Asset Purchase Agreement (Applied Industrial Technologies Inc)
Continuing Guaranty. The Guarantor agrees that performance by the Guarantor of the Obligations by Guarantor its obligations under this Guaranty shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-offset‑off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against the Lender, the any Borrower, any other guarantor of the Guaranteed Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation --
Appears in 1 contract
Samples: Payment and Performance (Adcare Health Systems, Inc)
Continuing Guaranty. The Each Guarantor agrees that performance by such Guarantor of the Obligations by Guarantor obligations under this Guaranty shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that such Guarantor may have against the Lender, the any Borrower, any other guarantor of the Guaranteed Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not such Guarantor shall have any knowledge thereof):), including without limitation —
Appears in 1 contract
Samples: Guaranty of Payment and Performance (Adcare Health Systems Inc)
Continuing Guaranty. The Guarantor agrees that performance of the Obligations by the Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against Agent and the LenderBanks, the Borrower, any other guarantor of the Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Samples: Guaranty of Payment (NNN Healthcare/Office REIT, Inc.)
Continuing Guaranty. The Guarantor agrees that the performance of the Obligations by Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that Guarantor may have against the Lender, the Borrower, any other guarantor of the Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Samples: Guaranty of Payment and Completion (Coronus Solar Inc.)
Continuing Guaranty. The Guarantor agrees that performance of the Borrower's Obligations by Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that Guarantor may have against the Lender, the Borrower, any other guarantor of the Borrower's Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Samples: NNN Healthcare/Office REIT, Inc.
Continuing Guaranty. The Guarantor agrees that performance of the Borrower’s Obligations by Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-offset‑off, abatement, deferment or defense (other than the defense of payment) based upon any claim that any Guarantor may have against the Lender, the Borrower, any other guarantor of the Obligations Borrower’s Obligations, or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not Guarantor Guarantors shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Continuing Guaranty. The Guarantor agrees that performance of the Guaranteed Obligations by the Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against the Lender, the Borrower, any other guarantor of the Guaranteed Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Samples: Guaranty of Recourse (Strategic Storage Trust IV, Inc.)
Continuing Guaranty. The Guarantor agrees that performance by the Guarantor of the Obligations by Guarantor obligations under this Guaranty shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against the Lender, the any Borrower, any other guarantor of the Guaranteed Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation —
Appears in 1 contract
Samples: Guaranty of Payment and Performance (Adcare Health Systems Inc)
Continuing Guaranty. The Guarantor agrees that performance of the Obligations by Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that Guarantor may have against the Lender, the Borrower, any other guarantor of the Obligations or any other person or entity, and shall remain in full force and effect until the Indebtedness is repaid to Lender (except as expressly set forth herein) without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Continuing Guaranty. The Guarantor agrees that performance of the Obligations by Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that Guarantor may have against the LenderLandlord (however, the BorrowerGuarantor may pursue a separate action against Tenant, any other guarantor of the Obligations or any other person or entity), and this Guaranty shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Samples: Guaranty of Lease (Cargo Connection Logistics Holding, Inc.)
Continuing Guaranty. The Guarantor agrees that performance of the Obligations by the Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against the Lender, the Borrower, any other guarantor of the Obligations or any other person or entity, and shall remain in full force and effect until the Indebtedness is repaid to Lender (except as expressly set forth herein) without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Continuing Guaranty. The Guarantor agrees that performance of the Obligations by the Guarantor shall be a primary obligation, shall not be subject to any counterclaim (other than a mandatory counterclaim), set-off, abatement, deferment or defense (other than the defense of payment) based upon any claim that the Guarantor may have against the Lender, the Borrower, any other guarantor of the Obligations or any other person or entity, and shall remain in full force and effect without regard to, and shall not be released, discharged or affected in any way by, any circumstance or condition (whether or not the Guarantor shall have any knowledge thereof):), including without limitation:
Appears in 1 contract
Samples: Guaranty of Payment (Inland American Real Estate Trust, Inc.)