Common use of Guarantor’s Agreement Clause in Contracts

Guarantor’s Agreement. [BORROWER], a Delaware limited partnership having an address at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, (the "GUARANTOR"), hereby unconditionally and irrevocably guarantees (the "GUARANTY") to TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (the "LENDER"), to pay and perform when due the Liabilities (defined below) and to pay on demand the Expenses (defined below). This Guaranty is absolute, independent, unconditional and continuing under all circumstances and is a guaranty of payment and performance, not of collection. The Guarantor acknowledges that the Lender has given sufficient consideration for this Guaranty by agreeing to make a certain loan to Guarantor and to certain Affiliates of the Guarantor as specified on EXHIBIT A hereto (each such Affiliate of Guarantor, other than Guarantor itself, a "CO-BORROWER", and collectively, the "CO-BORROWERS") in the maximum amount of up to $[MAXIMUM PRINCIPAL AMOUNT] (the principal, interest, and all other sums due and owing under the loan being hereinafter collectively called the "LOAN"), which Loan is evidenced by _________ Promissory Notes now or hereafter issued by Guarantor and the respective Co-Borrowers, as specified in EXHIBIT A hereto (as the same may be amended, modified or restricted from time to time, each such Promissory Notes other than that made by Guarantor, an "OTHER NOTE", and collectively, the "OTHER NOTES") and secured by, among other things, the Other Borrower Loan Documents (defined below), and the Guarantor acknowledges that the Lender is doing so in reliance on each of the terms of this Guaranty.

Appears in 1 contract

Sources: Second Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Life Time Fitness Inc)

Guarantor’s Agreement. [BORROWER]The undersigned "Guarantor", RAMCO-▇▇▇▇▇▇▇▇▇▇ PROPERTIES, L.P., a Delaware limited partnership partnership, having an address its principal place of business at c/o Ramco-▇▇▇▇▇▇▇▇▇▇ Properties Trust, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, (the "GUARANTOR"), hereby unconditionally and irrevocably irrevocably, guarantees (the "GUARANTYGuaranty") to TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (the "LENDERLender"), ) to pay and perform when due the Liabilities (defined below) and to pay on demand the Expenses (defined below). This Guaranty is absolute, independent, unconditional independent and continuing under all circumstances circumstances, and is a guaranty of payment and performance, not of collection. The Guarantor acknowledges that the Lender has given sufficient consideration for this Guaranty by agreeing to make a having made that certain loan to Guarantor and to certain Affiliates of the Guarantor as specified on EXHIBIT A hereto (each such Affiliate of Guarantor, other than Guarantor itself, a "CO-BORROWER", and collectively, the "CO-BORROWERSLoan") in the maximum amount of up to $[MAXIMUM PRINCIPAL AMOUNT] Ben Mar, LLC, an Indiana limited liability company, (the principal, interest, and all other sums due and owing under the loan being hereinafter collectively called referred to herein as the "LOANOld Borrower"), which Loan is as evidenced by _________ Promissory Notes now or hereafter issued by Guarantor and that certain promissory note in the respective Co-Borrowersamount of $25,000,000.00 dated July 29, as specified in EXHIBIT A hereto 1999 (as the same may from time to time be amended, modified or restricted from time to timerestated, each such Promissory Notes other than that made by Guarantor, an "OTHER NOTE", and collectively, the "OTHER NOTESNote") and secured bymade by Old Borrower, among other things, payable to the Other Borrower Loan Documents (defined below)order of Lender, and on the Guarantor date hereof allowing Ramco-Merchants Square LLC as New Borrower to assume the Loan and modify the Loan with New Borrower, whose general partner is Guarantor, and acknowledges that the Lender is doing so in reliance on each of the terms of this Guaranty.

Appears in 1 contract

Sources: Guaranty (Ramco Gershenson Properties Trust)