Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 112 contracts
Samples: Mezzanine 1 Guaranty and Indemnity Agreement (Ashford Hospitality Trust Inc), Guaranty (Stratus Properties Inc), Guaranty (Emeritus Corp\wa\)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, is and will be, solvent, be solvent and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 21 contracts
Samples: Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc), Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc), Guaranty (MHI Hospitality CORP)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, (a) is and will be, be solvent, and (b) has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 15 contracts
Samples: Cross Indemnification Agreement (Landwin Realty Trust, Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, (i) is and will be, be solvent, and (ii) has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (iii) has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 11 contracts
Samples: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, is and will be, be solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilitiesliabilities fairly estimated) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, as and when the same become due.
Appears in 9 contracts
Samples: Guaranty Agreement (KKR Real Estate Finance Trust Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its Guarantor’s obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its Guarantor’s obligations and liabilities.
Appears in 6 contracts
Samples: Modification Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc), Guaranty Agreement (Natural Gas Services Group Inc)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation obligations evidenced hereby, Guarantor (A) is, and will be, solvent, and (B) has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (C) has and will have property and assets sufficient to satisfy and repay its obligations obligations, liabilities (including contingent liabilities) and liabilitiesdebts, including, without limitation, the Guaranteed Obligations.
Appears in 6 contracts
Samples: Guaranty Agreement (Owens Realty Mortgage, Inc.), Guaranty (Owens Realty Mortgage, Inc.), Guaranty (Owens Realty Mortgage, Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay all of its obligations and liabilities.
Appears in 5 contracts
Samples: Amended and Restated Guaranty Agreement (Earth Biofuels Inc), Amended and Restated Guaranty Agreement (Earth Biofuels Inc), Amended and Restated Guaranty Agreement (PNG Ventures Inc)
Guarantor’s Financial Condition. As of the date hereofhereof , and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 5 contracts
Samples: Guaranty Agreement (Maguire Properties Inc), Guaranty Agreement (Maguire Properties Inc), Guaranty Agreement (Maguire Properties Inc)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilitiesliabilities fairly estimated) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, as and when the same become due.
Appears in 4 contracts
Samples: Guaranty (RAIT Financial Trust), Guaranty (RAIT Financial Trust), Guaranty (Gramercy Capital Corp)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.liabilities as they mature;
Appears in 4 contracts
Samples: Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced herebyGuaranty, Guarantor is, and will be, is solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, debts and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 3 contracts
Samples: Release (Moody National REIT I, Inc.), Moody National REIT I, Inc., Moody National REIT I, Inc.
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilitiesliabilities as they become due.
Appears in 3 contracts
Samples: Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty Agreement (Behringer Harvard Reit I Inc), Guaranty Agreement (Behringer Harvard Reit I Inc)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will intends to be, solvent, and has and will intends to have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will intends to have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 3 contracts
Samples: Guaranty Agreement (Global Net Lease, Inc.), Mezzanine Guaranty Agreement (New York REIT, Inc.), Guaranty Agreement (New York REIT, Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor is, (a) is and will be, be solvent, and (b) has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 3 contracts
Samples: Guaranty Agreement (Altitude International Holdings, Inc.), Horizon Group Properties Inc, Horizon Group Properties Inc
Guarantor’s Financial Condition. As of the date hereof, Guarantor is, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilitiesliabilities fairly estimated) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, as and when the same become due.
Appears in 3 contracts
Samples: Guaranty (Colony NorthStar Credit Real Estate, Inc.), Guaranty (Granite Point Mortgage Trust Inc.), Guaranty (Granite Point Mortgage Trust Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets in the State of Texas sufficient to satisfy and repay its obligations and liabilities.;
Appears in 3 contracts
Samples: Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, is solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 2 contracts
Samples: Guaranty Agreement (Inland Real Estate Income Trust, Inc.), Guaranty Agreement (Inland Real Estate Income Trust, Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, is and will be, solvent, be solvent and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty (TNP Strategic Retail Trust, Inc.), Non Recourse Guaranty (Net Element International, Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, including without limitation, the Guaranteed Obligations, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, including without limitation, the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty Agreement (Capitalsource Inc), Guaranty Agreement (Capitalsource Inc)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including probable liability on contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 2 contracts
Samples: Guaranty Agreement (Moody National REIT I, Inc.), Guaranty Agreement (Moody National REIT I, Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including excluding contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 2 contracts
Samples: Guaranty of Non Recourse Carveouts (NNN 2003 Value Fund LLC), Guaranty of Non Recourse Carveouts (NNN 2003 Value Fund LLC)
Guarantor’s Financial Condition. As of the date hereofhereof , and after giving effect to this Guaranty and the contingent obligation evidenced hereby, the Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 2 contracts
Samples: Guaranty (Emrise CORP), Guaranty (Emrise CORP)
Guarantor’s Financial Condition. As of the date hereof, hereof and after giving effect to this Guaranty and the contingent obligation liability evidenced hereby, Guarantor is, is and will be, be solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 2 contracts
Samples: Guaranty Agreement (Matrix Bancorp Inc), Guaranty (Dakota Mining Corp)
Guarantor’s Financial Condition. As of the date hereof, and after After giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 2 contracts
Samples: Carveout Guaranty (Strategic Student & Senior Housing Trust, Inc.), Carveout Guaranty (New York City REIT, Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, is and will be, be solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, debts and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 2 contracts
Samples: Guaranty (Infousa Inc), Guaranty (Infousa Inc)
Guarantor’s Financial Condition. As Guarantor represents and warrants, solely as of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, is solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 2 contracts
Samples: Guaranty Agreement (Five Point Holdings, LLC), Mezzanine Guaranty Agreement (Five Point Holdings, LLC)
Guarantor’s Financial Condition. As of the date hereofGuarantor is, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 2 contracts
Samples: Guaranty Agreement (Park Hotels & Resorts Inc.), Guaranty Agreement (Park Hotels & Resorts Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, such Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 2 contracts
Samples: Interest and Completion (reAlpha Tech Corp.), reAlpha Tech Corp.
Guarantor’s Financial Condition. As of the date hereof, ------------------------------- hereof and after giving effect to this Guaranty Agreement and the contingent obligation liability evidenced hereby, Guarantor is, is and will be, be solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Neon Systems Inc
Guarantor’s Financial Condition. As of the date hereof, Guarantor is, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Guaranty Agreement (Hilton Worldwide Holdings Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.. Guarantor hereby represents and
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, is solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereofhereof , and after giving effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Guaranty (Emrise CORP)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, (a) is 6 Guaranty of Recourse Obligations(Mezzanine) and will be, be solvent, and (b) has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation obligations evidenced hereby, Guarantor is(A) has, and will behave, solventSolvency, and (B) has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (C) has and will have property and assets sufficient to satisfy and repay its obligations obligations, liabilities (including contingent liabilities) and liabilitiesdebts, including, without limitation, the Guaranteed Obligations.
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation obligations evidenced hereby, each Guarantor is, is and will be, solvent, be solvent and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Guaranty of Payment and Recourse Carveouts (BRT Realty Trust)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities, to the extent the amount of such contingent liabilities exceeds the value of any property securing the same) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)
Guarantor’s Financial Condition. As of the date hereof, and immediately after giving effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor is, is and will be, solvent, be solvent and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Guaranty (GMH Communities Trust)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, is and will be, solvent, be solvent and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, fairly valued, and has and will expects to have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, (a) is and will be, be solvent, and (b) has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 1 contract
Samples: Glimcher Realty Trust
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, such Guarantor is, and will be, solventsolvent and able to meet its obligations and liabilities as they become due, and has and will have the assets whichof such Guarantor, fairly valuedat a Fair Valuation, exceed its obligations, the total liabilities (including contingent contingent, subordinated, unmatured and unliquidated liabilities) and debtsof such Guarantor, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilitiesno unreasonably small capital base exists with respect such Guarantor.
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, (a) is and will be, intends to be solvent, and (b) has and will intends to have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and will intends to have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 1 contract
Samples: Ashford Hospitality Prime, Inc.
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty Agreement and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, hereof and after giving effect to this Guaranty Guarantee and the contingent obligation liability evidenced hereby, the Guarantor is, is and will be, be solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Guarantee (Gryphon Gold Corp)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, is solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilitiesliabilities fairly estimated) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, as and when the same become due.
Appears in 1 contract
Samples: ARC Realty Finance Trust, Inc.
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, (a) is solvent, and (b) has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 1 contract
Samples: Limited Recourse Guaranty (Generation Income Properties, Inc.)
Guarantor’s Financial Condition. (a) As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: CaliberCos Inc.
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, (a) is 6 Guaranty of Recourse Obligations and will be, be solvent, and (b) has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and (c) has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, including the Guaranteed Obligations.
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, and immediately after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, is and will be, solvent, be solvent and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Guaranty (GMH Communities Trust)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, as limited in Section 1.01 hereof, such Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.liabilities as they mature;
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will beas of the date hereof, solvent, and has and will have assets which, as of the date hereof, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, including without limitation, the Guaranteed Obligations, and has and will have as of the date hereof, property and assets sufficient to satisfy and repay its obligations and liabilities, including without limitation, the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty Agreement (Hcp, Inc.)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and and, immediately following the making of the Loan, will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and and, immediately following the making of the Loan, will have property and assets sufficient to satisfy and repay its obligations and liabilitiesliabilities as and when they become due.
Appears in 1 contract
Samples: Sole Member Guaranty (Arcimoto Inc)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation obligations evidenced hereby, Guarantor (A) is, and will be, solvent, and (B) has and will have assets which, fairly valued, exceed its obligations, liabilities (including Exhibit 10.4 contingent liabilities) and debts, and (C) has and will have property and assets sufficient to satisfy and repay its obligations obligations, liabilities (including contingent liabilities) and liabilitiesdebts, including, without limitation, the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (IMH Financial Corp)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, is solvent and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilitiesliabilities fairly estimated) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, as and when the same become due.
Appears in 1 contract
Guarantor’s Financial Condition. (a) As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will beintends to remain, solvent, and has and will have intends to maintain assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have intends to maintain property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its Guarantor's obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its Guarantor's obligations and liabilities.
Appears in 1 contract
Samples: Nordstrom Inc
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty Agreement and the contingent obligation evidenced hereby, such Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) , and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.;
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, and after ------------------------------- giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Wellington Properties Trust
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, . Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Mezzanine 4 Guaranty and Indemnity Agreement (Ashford Hospitality Trust Inc)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilitiesliabilities under the Loan Documents.
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty Agreement and the contingent obligation evidenced hereby, Guarantor is, and will be, solvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) , and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.;
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, each Guarantor is, is and will be, solvent, be solvent and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Samples: Guaranty (Ventas Inc)
Guarantor’s Financial Condition. As of the date hereof, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will beintends to remain, solvent, and has and will intends to have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilities) and debts, and has and will intends to have property and assets sufficient to satisfy and repay its obligations and liabilities.
Appears in 1 contract
Guarantor’s Financial Condition. As of the date hereof, Guarantor is, and after giving effect to this Guaranty and the contingent obligation evidenced hereby, Guarantor is, and will be, solventSolvent, and has and will have assets which, fairly valued, exceed its obligations, liabilities (including contingent liabilitiesliabilities fairly estimated) and debts, and has and will have property and assets sufficient to satisfy and repay its obligations and liabilities, as and when the same become due.
Appears in 1 contract