GENERAL PROVISIONS RELATING TO THE GUARANTY Sample Clauses
GENERAL PROVISIONS RELATING TO THE GUARANTY. (a) Each Guarantor hereby consents and agrees that any Holder or Holders from time to time, with or without any further notice to or assent from any other Guarantor may, without in any manner affecting the liability of any Guarantor under this Guaranty, and upon such terms and conditions as any such Holder or Holders may deem advisable:
(1) extend in whole or in part (by renewal or otherwise), modify, change, compromise, release or extend the duration of the time for the performance or payment of any Debt, liability or obligation of the Company or of any other Person secondarily or otherwise liable for any Debt, liability or obligations of the Company on the Notes, or waive any Default with respect thereto, or waive, modify, amend or change any provision of any other agreement or this Guaranty; or
(2) sell, release, surrender, modify, impair, exchange or substitute any and all property, of any nature and from whomsoever received, held by, or for the benefit of, any such Holder as direct or indirect security for the payment or performance of any Debt, liability or obligation of the Company or of any other Person secondarily or otherwise liable for any Debt, liability or obligation of the Company on the Notes; or
(3) settle, adjust or compromise any claim of the Company against any other Person secondarily or otherwise liable for any Debt, liability or obligation of the Company on the Notes. Each Guarantor hereby ratifies and confirms any such extension, renewal, change, sale, release, waiver, surrender, exchange, modification, amendment, impairment, substitution, settlement, adjustment or compromise and that the same shall be binding upon it, and hereby waives, to the fullest extent permitted by law, any and all defenses, counterclaims or offsets which it might or could have by reason thereof, it being understood that such Guarantor shall at all times be bound by this Guaranty and remain liable hereunder.
(b) Each Guarantor hereby waives, to the fullest extent permitted by law:
(1) notice of acceptance of this Guaranty by the Holders or of the creation, renewal or accrual of any liability of the Company, present or future, or of the reliance of such Holders upon this Guaranty (it being understood that every Debt, liability and obligation described in Section 2 hereof shall conclusively be presumed to have been created, contracted or incurred in reliance upon the execution of this Guaranty);
(2) demand of payment by any Holder from the Company or any other P...
GENERAL PROVISIONS RELATING TO THE GUARANTY. Each Guarantor hereby consents and agrees that any Holder or Holders from time to time, with or without any further notice to or assent from any other Guarantor may, without in any manner affecting the liability of any Guarantor under this Guaranty, and upon such terms and conditions as any such Holder or Holders may deem advisable:
GENERAL PROVISIONS RELATING TO THE GUARANTY. Each Guarantor hereby consents and agrees that any Holder or Holders, subject to the terms of the Note Agreement and the Notes, from time to time, with or without any further notice to or assent from any other Guarantor may, without in any manner affecting the liability of any Guarantor under this Guaranty, and upon such terms and conditions as any such Holder or Holders may deem advisable:
GENERAL PROVISIONS RELATING TO THE GUARANTY. Each Guarantor hereby consents and agrees that the Administrative Agent and/or any Secured Party from time to time, with or without any further notice to or assent from any other Guarantor may, without in any manner affecting the liability of any Guarantor under this Guaranty, and upon such terms and conditions as the Administrative Agent or such Secured Party may deem advisable:
GENERAL PROVISIONS RELATING TO THE GUARANTY. Each and every Event of Default under the Note Purchase Agreements shall give rise to a separate claim and cause of action hereunder, and separate claims or suits may be made and brought, as the case may be, hereunder as each such default occurs. The obligations hereunder are independent of the obligations of the Operating Partnership to pay the principal of and premium, if any, and interest on the Notes, and a separate action or actions may be brought and prosecuted against the Trust whether such action is brought and prosecuted against the Operating Partnership or any other guarantor, or whether the Operating Partnership is joined in any such action or actions. The obligations of the Trust hereunder shall be reinstated and revived, and the rights of the Noteholders shall continue, with respect to any amount at any time paid on account of the obligations guaranteed hereby, which shall thereafter be required t o be restored or returned by the Noteholders upon the b a nkruptcy, insolvency or reorganization of the Operating Partnership, or otherwise, all as though such amount had not been paid.
GENERAL PROVISIONS RELATING TO THE GUARANTY. Representations and Warranties of the Guarantors.
GENERAL PROVISIONS RELATING TO THE GUARANTY. Each and every Event of Default under the Agreements shall give rise to a separate claim and cause of action hereunder, and separate claims or suits may be made and brought, as the case may be, hereunder as each such default occurs. The obligations hereunder are independent of the obligations of the Company to pay the principal of and premium, if any, and interest on the Notes, and a separate action or actions may be brought and prosecuted against the Guarantor whether such action is brought and prosecuted against the Company or any other guarantor, or whether the Company is joined in any such action or actions. The obligations of the Guarantor hereunder shall be reinstated and revived, and the rights of the Noteholders shall continue, with respect to any amount at any time paid on account of the obligations guaranteed hereby, which shall thereafter be required to be restored or returned by the Noteholders upon the bankruptcy, insolvency or reorganization of the Company, or otherwise, all as though such amount had not been paid.
GENERAL PROVISIONS RELATING TO THE GUARANTY. 6 SECTION 5. Representations and Warranties of the Guarantors 11 SECTION 6. Amendments, Waivers and Consents 12 SECTION 7. Notices 13 SECTION 8. Miscellaneous 14 Exhibit A — Guaranty Supplement This Subsidiary Guaranty Agreement dated as of __________ __, 20__ (this “Guaranty”) is entered into on a joint and several basis by each of the undersigned, together with any entity which may become a party hereto by execution and delivery of a Guaranty Supplement in substantially the form set forth as Exhibit A hereto (a “Guaranty Supplement”) (which parties are hereinafter referred to individually as a “Guarantor” and collectively as the “Guarantors”).
GENERAL PROVISIONS RELATING TO THE GUARANTY. 6 SECTION 5. Representations and Warranties of the Guarantors 11 SECTION 6. Amendments, Waivers and Consents 12 SECTION 7. Notices 13 SECTION 8. Miscellaneous 14 Exhibit A — Guaranty Supplement This Subsidiary Guaranty Agreement dated as of __________ __, 20__ (this “Guaranty”) is entered into on a joint and several basis by each of the undersigned, together with any entity which may become a party hereto by execution and delivery of a Guaranty Supplement in substantially the form set forth as Exhibit A hereto (a “Guaranty Supplement”) (which parties are hereinafter referred to individually as a “Guarantor” and collectively as the “Guarantors”).