Joinder by Guarantor Sample Clauses

Joinder by Guarantor. Guarantor, by its execution of this Agreement, hereby agrees to the terms, covenants, conditions and provisions contained in this Agreement. The aforesaid agreements of Guarantor shall be in addition to and not in lieu of the covenants, agreement and obligations of such Guarantor set forth in the Guaranty and the other Loan Documents.
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Joinder by Guarantor. If any of the guarantors identified on the Information Schedule and if any of the other guarantors of the Loan and any of the other obligations of Borrower under this Loan Agreement, if any, have executed this Loan Agreement, such persons, by their execution of this Loan Agreement, agree to the terms, covenants, conditions and provisions contained in this Loan Agreement, agree to perform as and when they are so required to perform under this Loan Agreement and agree that they each are subjecting themselves to each and all of the obligations of Borrower set forth in this Loan Agreement. The aforesaid agreements of those guarantors executing this Loan Agreement shall be in addition to and not in lieu of the covenants, agreements and obligations of such guarantors set forth in their respective guaranty agreements. If less than all of the guarantors of Borrower’s obligations under this Loan Agreement and the other Loan Documents have executed this Loan Agreement, such fact (1) shall not release the non-executing guarantors from their covenants, agreements and obligations as set forth in their respective guaranty agreements and shall not negate and otherwise adversely affect their obligations under their respective guaranty agreements and Bank’s rights and remedies thereunder, and (2) shall not release those guarantors executing this Loan Agreement from any of their covenants, agreements and obligations as set forth herein and those set forth in their separate guaranty agreements and shall not negate and otherwise adversely affect their obligations under their respective guaranty agreements and hereunder, and Bank’s rights and remedies thereunder and hereunder.
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Joinder by Guarantor. HydroChem International, Inc. joins in the execution and delivery of this Agreement to evidence his agreement to the terms and provisions hereof and that its Guaranty dated July 17, 1998, remains in full force and effect and is not in any way limited, impaired, or discounted as a result of the delivery of this Agreement by Borrower.
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Joinder by Guarantor. Guarantor joins in the execution hereof for the purpose of consenting to the provisions contained herein applicable to it and its properties and of agreeing to comply with all such provisions.
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Joinder by Guarantor. Guarantor hereby executes this Agreement solely for the purpose of acknowledging and agreeing to be bound by the provisions of Section 6.24(b) of this Agreement. HPI REAL ESTATE OPPORTUNITY FUND III, LLC, a Delaware limited liability company By: /s/J. Xxxxx Xxxxxx Name: J. Xxxxx Xxxxxx Title: Authorized Signatory 44 SCHEDULE 1 Property Owner Property Name Address HPI Live Oak Trace LLC (the “Live Oak Seller”) Live Oak Trace (the “Live Oak Property”) 0000 Xxxxxxxx Xxxxx Xx., Xxxxxx Xxxxxxx, LA 70726 HPI Tides LLC (the “Tides Seller”) Tides At Calabash (the “Tides Property”) 0000 Xxxx Xxxxxx Xx., Xxxxxx, XX 00000 HPI Tides Land LLC (the “Tides Vacant Land Seller”) Tides Vacant Land N/A HPI Cherry Grove LLC (the “Cherry Grove Seller”) Cherry Grove Commons (the “Cherry Grove Property”) 0000 Xxxxx Xxxxxx, North Myrtle Beach, SC 29582 HPI Hunterstone LLC (the “Brunswick Point Seller”) Brunswick Point (the “Brunswick Point Property”) 0000 Xxxxxxxxxxx Xx., Xxxxxx, NC 28451 HPI Creekside LLC (the “Creekside Seller”) Creekside Corners Apartments (the “Creekside Property”) 0000 Xxxx Xxxxxxxxxx Xxxx., Xxxxxxxx, XX 00000 HPI Xxxxxx Farms LLC (the “Xxxxxx Farms Property Owner”) Xxxxxx Farms (the “Xxxxxx Farms Property”) 0000 Xxxxxxx Xxx, Canal Winchester, OH 43110 HPI Hartshire LLC (the “Hartshire Property Owner”) Hartshire Lakes (the “Hartshire Property”) 0000 Xxxxxxxxx Xxxxx Xx., Xxxxxxxxxxxx, XX 00000 HPI Kensington Commons LLC (the “Kensington Property Owner”) Kensington Commons Residences (the “Kensington Property”) 0000 Xxxxxxx Xx., Xxxxx Xxxxxxxxxx, XX 00000 HPI Riverchase LLC (the “Riverchase Property Owner”) Riverchase Apartments (the “Riverchase Property”) 0000 Xxxxxxxxxx Xx., Xxxxxxxxxxxx, XX 00000 45 Schedule 4.9(c) TRANSFER/DOCUMENTARY STAMP TAX, TITLE PREMIUM AND SEARCH AND EXAM FEE ALLOCATIONS STATE TRANSFER TAXES OWNER’S POLICY PREMIUM SEARCH AND EXAM FEES INDIANA NONE SELLER PAYS SELLER PAYS OHIO SELLER PAYS DIVIDED EQUALLY BETWEEN BUYER AND SELLER SELLER PAYS NORTH CAROLINA SELLER PAYS BUYER PAYS BUYER PAYS SOUTH CAROLINA SELLER PAYS BUYER PAYS BUYER PAYS LOUISIANA NONE BUYER PAYS BUYER PAYS GEORGIA SELLER PAYS DIVIDED EQUALLY BETWEEN BUYER AND SELLER BUYER PAYS Schedule 5.1(c) LIVE OAK REPAIRS 47 Schedule 5.9(b) IN/OH PROPERTY OWNER’S ORGANIZATIONAL DOCUMENTS [TO COME] Schedule 5.9(h) PENDING LITIGATION
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Joinder by Guarantor. Guarantor joins in the execution of this Agreement for the purposes of (i) making the representations set forth in Paragraph 12, (ii) consentixx xx xxx xxxxxxxxtion of the Original Loan in the manner set forth in this Agreement, the Note, the Mortgage and the other Loan Documents and (iii) confirming that that certain Guaranty of Payment dated December 27, 1989, executed by Guarantor in favor of Lender remains in full force and effect with respect to the Renewed Loan.
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Joinder by Guarantor. Guarantor joins into this Modification to (i) consent to the terms and conditions of this Modification, (ii) agree that this Modification does not and shall not in any manner impair or diminish his indebtedness, duties and obligations under the Guaranty, (iii) confirm and agree that Lender has complied with all of its duties and obligations under the Loan Documents and that Guarantor has no claims against Lender or offsets or defenses with respect to the Loan; and (iv) acknowledge and agree that the Guaranty is in full force effect and is hereby ratified and confirmed.
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Joinder by Guarantor. Xxxxxxxxx joins in the execution and delivery of this Agreement to evidence its agreement to be bound by the provisions of the Note, this Agreement, the Security Agreement, the Pledgee Agreement, and the other Loan Documents that purport to be binding upon Guarantor.
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Related to Joinder by Guarantor

  • Waiver by Guarantor The Guarantor hereby waives:

  • Waivers by Guarantor To the extent permitted by law, Guarantor hereby waives and agrees not to assert or take advantage of (a) any right to require Lender to proceed against any other person or to proceed against or exhaust any security held by Lender at any time or to pursue any other remedy in Lender’s power or under any other agreement before proceeding against Guarantor hereunder; (b) any defense that may arise by reason of the incapacity, lack of authority, death or disability of any other person or persons or the failure of Lender to file or enforce a claim against the estate (in administration, bankruptcy or any other proceeding) of any other person or persons; (c) demand, presentment for payment, notice of nonpayment, protest, notice of protest and all other notices of any kind, or the lack of any thereof, including, without limitation, notice of the existence, creation or incurring of any new or additional indebtedness or obligation or of any action or non-action on the part of Lender, any endorser or creditor of either Guarantor or any other person whomsoever under this or any other instrument in connection with any obligation or evidence of indebtedness held by Lender; (d) any defense based upon an election of remedies by Lender; (e) any right or claim of right to cause a marshaling of the assets of either Guarantor or Borrower; (f) any principle or provision of law, statutory or otherwise, which is or might be in conflict with the terms and provisions of this Guaranty; (g) any duty on the part of Lender to disclose to Guarantor any facts Lender may know about the Collateral or Borrower, regardless of whether Lender has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume or has reason to believe that such facts are unknown to Guarantor or has a reasonable opportunity to communicate such facts to Guarantor, it being understood and agreed that Guarantor is fully responsible for being and keeping informed of the condition of the Collateral or Borrower and of any and all circumstances bearing on the risk that liability may be incurred by Guarantor; (h) any lack of notice of disposition or of manner of disposition of any collateral for the Loan; (i) any invalidity, irregularity or unenforceability, in whole or in part, of any of the Loan Documents; (j) any deficiencies in the collateral for the Loan or any deficiency in the ability of Lender to collect or to obtain performance from any persons or entities now or hereafter liable for the payment and performance of any obligation hereby guaranteed; (k) any assertion or claim that the automatic stay provided by 11 U.S.C. §362 or any other stay provided under any other Guarantor relief law of any jurisdiction whatsoever, now or hereafter in effect, shall operate to stay or inhibit the ability of Lender to enforce any of its rights which Lender may have against Guarantor, or the collateral for the Loan; (l) any modifications of the Loan Documents or any obligation of Borrower relating to the Loan by operation of law or by action of any court, whether pursuant to Title 11 of the United States Code, as amended, or any other Guarantor relief law of any jurisdiction whatsoever, now or hereafter in effect, or otherwise; and (m) any action, occurrence, event or matter consented to by Guarantor under any provision hereof, or otherwise.

  • Assumption by Guarantor (a) The Guarantor may, without the consent of the Holders, assume all of the rights and obligations of the Issuer hereunder with respect to a series of Securities and under the Securities of such series if, after giving effect to such assumption, no Event of Default or event which with the giving of notice or lapse of time, or both, would become an Event of Default, shall have occurred and be continuing. Upon such an assumption, the Guarantor shall execute a supplemental indenture evidencing its assumption of all such rights and obligations of the Issuer and the Issuer shall be released from its liabilities hereunder and under such Securities as obligor on the Securities of such Series.

  • Waivers by Guarantors To the extent permitted by Applicable Law, each Guarantor hereby waives, for the benefit of Beneficiaries: (a) any right to require any Beneficiary, as a condition of payment or performance by such Guarantor, to (i) proceed against Borrower, any other guarantor (including any other Guarantor) of the Guaranteed Obligations or any other Person, (ii) proceed against or exhaust any security held from Borrower, any such other guarantor or any other Person, (iii) proceed against or have resort to any balance of any Deposit Account or credit on the books of any Beneficiary in favor of Borrower or any other Person, or (iv) pursue any other remedy in the power of any Beneficiary whatsoever; (b) any defense arising by reason of the incapacity, lack of authority or any disability or other defense of Borrower or any other Guarantor including any defense based on or arising out of the lack of validity or the unenforceability of the Guaranteed Obligations or any agreement or instrument relating thereto or by reason of the cessation of the liability of Borrower or any other Guarantor from any cause other than satisfaction in full of the Guaranteed Obligations; (c) any defense based upon any statute or rule of law which provides that the obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; (d) any defense based upon any Beneficiary’s errors or omissions in the administration of the Guaranteed Obligations, except behavior which amounts to gross negligence, willful misconduct or bad faith; (e) (i) any principles or provisions of law, statutory or otherwise, which are or might be in conflict with the terms hereof and any legal or equitable discharge of such Guarantor’s obligations hereunder, (ii) the benefit of any statute of limitations affecting such Guarantor’s liability hereunder or the enforcement hereof, (iii) any rights to set-offs, recoupments and counterclaims, and (iv) promptness, diligence and any requirement that any Beneficiary protect, secure, perfect or insure any security interest or lien or any property subject thereto; (f) notices, demands, presentments, protests, notices of protest, notices of dishonor and notices of any action or inaction, including acceptance hereof, notices of default hereunder, the Hedge Agreements, the Cash Management Agreements or any agreement or instrument related thereto, notices of any renewal, extension or modification of the Guaranteed Obligations or any agreement related thereto, notices of any extension of credit to Borrower and notices of any of the matters referred to in Section 7.4 and any right to consent to any thereof; and (g) any defenses or benefits that may be derived from or afforded by law which limit the liability of or exonerate guarantors or sureties, or which may conflict with the terms hereof.

  • Ratification by Guarantors Each of the Guarantors acknowledges that its consent to this Amendment is not required, but each of the undersigned nevertheless does hereby agree and consent to this Amendment and to the documents and agreements referred to herein. Each of the Guarantors agrees and acknowledges that (i) notwithstanding the effectiveness of this Amendment, such Guarantor’s guaranty shall remain in full force and effect without modification thereto and (ii) nothing herein shall in any way limit any of the terms or provisions of such Guarantor’s guaranty or any other Loan Document executed by such Guarantor (as the same may be amended from time to time), all of which are hereby ratified, confirmed and affirmed in all respects. Each of the Guarantors hereby agrees and acknowledges that no other agreement, instrument, consent or document shall be required to give effect to this section. Each of the Guarantors hereby further acknowledges that Borrower, the Administrative Agent and any Lender may from time to time enter into any further amendments, modifications, terminations and/or waivers of any provisions of the Loan Documents without notice to or consent from such Guarantor and without affecting the validity or enforceability of such Guarantor’s guaranty or giving rise to any reduction, limitation, impairment, discharge or termination of such Guarantor’s guaranty.

  • Waiver by the Guarantor The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Borrower or any other Person.

  • Release of a Subsidiary Guarantor Upon (i) the sale or disposition of a Subsidiary Guarantor (or all or substantially all of its assets) or (ii) the cessation by a Subsidiary Guarantor to guarantee any other Indebtedness of the Company or any other Subsidiary Guarantor other than a De Minimis Guaranteed Amount, in each case which is otherwise in compliance with the terms of this Indenture, including but not limited to the provisions of Section 10.02, such Subsidiary Guarantor shall be deemed released from all of its Guarantee and related obligations in this Indenture without any further action by the Trustee, the Company or such Subsidiary Guarantor. Subject to Section 8.07, upon the Company’s election, in compliance with the conditions set forth in Article Eight hereof, to exercise its rights pursuant to either Section 8.02 or 8.03 with respect to all outstanding Securities, each Subsidiary Guarantor shall be deemed released from all of its Guarantee and related obligations in this Indenture without any further action by the Trustee, the Company or any Subsidiary Guarantor. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of a request by the Company accompanied by an Officers’ Certificate and, in the case of the release of a Subsidiary Guarantor pursuant to clause (i) of the first sentence of this Section 10.04, an Opinion of Counsel certifying that such sale or other disposition was made by the Company in accordance with the provisions of this Indenture. Any Subsidiary Guarantor not so released remains liable for the full amount of principal of and interest on the Securities as provided in this Article Ten.

  • Payment by Guarantor If all or any part of the Guaranteed Obligations shall not be punctually paid when due, whether at demand, maturity, acceleration or otherwise, Guarantor shall, immediately upon demand by Lender, and without presentment, protest, notice of protest, notice of non-payment, notice of intention to accelerate the maturity, notice of acceleration of the maturity, or any other notice whatsoever, pay in lawful money of the United States of America, the amount due on the Guaranteed Obligations to Lender at Lender’s address as set forth herein. Such demand(s) may be made at any time coincident with or after the time for payment of all or part of the Guaranteed Obligations, and may be made from time to time with respect to the same or different items of Guaranteed Obligations. Such demand shall be deemed made, given and received in accordance with the notice provisions hereof.

  • Subsidiary Guaranty (a) The payment by the Company of all amounts due with respect to the Notes and the performance by the Company of its obligations under this Agreement will be absolutely and unconditionally guaranteed by the Subsidiary Guarantors pursuant to the Guaranty Agreement dated as of the Closing Date, which shall be substantially in the form of Exhibit 2.2 attached hereto, and otherwise in accordance with the provisions of Section 9.7 hereof (the “Subsidiary Guaranty”).

  • Waiver by the Guarantors Each Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Company or any other Person.

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