Guaranty by Company. The Company unconditionally and irrevocably guarantees to the Limited Partners the performance by the Company of its respective obligations as the General Partner and a Limited Partner under this Agreement. This guaranty is exclusively for the benefit of the Limited Partners and shall not extend to the benefit of any creditor of the Partnership.
Guaranty by Company. The Company unconditionally and irrevocably guarantees to the Limited Partners the performance by the General Partner and GTA LP of the respective obligations of the General Partner and GTA LP under this Agreement. This guaranty is exclusively for the benefit of the Limited Partners and shall not extend to the benefit of any creditor of the Partnership.
Guaranty by Company. 50 FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF GOLF TRUST OF AMERICA, L.P. THIS FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF GOLF TRUST OF AMERICA, L.P. (this "Agreement"), dated as of February 12, 1997, is entered into by and between GTA GP, Inc., a Maryland corporation (in its capacity as General Partner, the "General Partner"), and each of the Limited Partners signatory hereto. THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts, understandings and intentions:
Guaranty by Company. 48 EXHIBIT A - SCHEDULE OF PARTNERS, NUMBER OF PARTNERSHIP UNITS AND THE AGREED VALUE OF NON-CASH CAPITAL CONTRIBUTIONS................................................................................. A-1 EXHIBIT B - RESERVED...................................................................................... B-1 EXHIBIT C - NOTICE OF EXERCISE OF REDEMPTION RIGHT........................................................ C-1 SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF CAPITAL AUTOMOTIVE L.P. THIS SECOND AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF CAPITAL AUTOMOTIVE L.P. (this "Agreement"), is made this 2nd day of February, 1999 by and among CAPITAL AUTOMOTIVE REIT, a Maryland real estate investment trust (in its capacity as General Partner, the "General Partner"), and each of the Limited Partners signatory hereto. THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts, understandings and intentions:
Guaranty by Company. The Company, as a Subsidiary of SFX , shall provide guaranties of SFX's indebtedness comparable to those required of other Subsidiaries of SFX. If the market capitalization of SFX's common stock falls below $100 million, then SFX will take all steps necessary to have all such guaranties terminated. If the market capitalization of SFX's common stock falls below $125 million, then SFX will make reasonable efforts to have all such guaranties terminated.
Guaranty by Company. 111 8.2 Guaranty by U.S. Borrower......................................................................115
Guaranty by Company. As consideration for Lenders and Canadian Agent agreeing to enter into this Agreement and extend the Commitments hereunder, Company hereby unconditionally and irrevocably guaranties the due and punctual payment when due (whether by required prepayment, declaration, demand or otherwise) (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. Section 362(a) or operation of any stay under applicable Canadian law) of all Obligations of Libbey Canada (including, without limitation, interest which, but for the filing of a petition in bankruptcy with respect to Company, or a similar action with respect to Libbey Canada, would accrue on such Obligations) and all obligations of Libbey Canada in respect of the Drafts or Bankers' Acceptances or any Currency Agreements or Interest Rate Agreements relating to Libbey Canada's Obligations hereunder and to which Canadian Agent is a party (the "CANADIAN OBLIGATIONS"). For purposes of this Section 8, Company is referred to as a "GUARANTOR" and the obligations of Company under this subsection 8.1 are referred to as this "GUARANTY." 98 106
Guaranty by Company. Upon completion of the Mergers as set forth in Paragraph l(a)(iii) hereunder, the $2.5 million value set forth in Paragraph 3.2(f) will be guaranteed by the Purchaser and the Company. If the value is less than $2.5 million then
Guaranty by Company. 98 8.2 Guaranty by U.S. Borrower..............................................................................101 Section9. AGENTS...............................................................................................105 9.1 Appointment............................................................................................105 9.2 Powers; General Immunity...............................................................................105 9.3 Representations and Warranties; No Responsibility For Appraisal of Creditworthiness....................107
Guaranty by Company. In the event the Bank does not fulfill the Company’s obligations hereunder, such obligations shall be guaranteed by VPFG.
