Common use of Joinder of Guarantor Clause in Contracts

Joinder of Guarantor. By its execution hereof, each Guarantor hereby (i) acknowledges and consents to the terms and provisions hereof; (ii) ratifies and confirms the Guaranty, including all interest and costs of collection, to or for the benefit of Administrative Agent and Lenders; (iii) agrees that the Guaranty is and shall remain in full force and effect and that the terms and provisions of the Guaranty cover and pertain to the Credit Facility, Notes and other Loan Documents as modified hereby; (iv) acknowledges that there are no claims or offsets against, or defenses or counterclaims to, the terms and provisions of the Guaranty or the other obligations created and evidenced by the Guaranty; (v) certifies that the representations and warranties contained in the Guaranty remain true and correct representations and warranties of Guarantor as of the date hereof; and (vi) acknowledges that Administrative Agent and Lenders have satisfied and performed their covenants and obligations under the Guaranty and the other Loan Documents, and that no action or failure to act by or on behalf of, Administrative Agent or Lenders has or will give rise to any cause of action or other claim against Administrative Agent or Lenders for breach of the Guaranty or other Loan Documents or otherwise.

Appears in 5 contracts

Samples: Third Modification Agreement (Century Communities, Inc.), Agreement (Century Communities, Inc.), Commitment Increase Agreement (Century Communities, Inc.)

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Joinder of Guarantor. By its execution hereofhereof , each Guarantor hereby (i) acknowledges and consents to the terms and provisions hereof; (ii) ratifies and confirms the Guaranty, including all interest and costs of collection, to or for the benefit of Administrative Agent and LendersLender; (iii) agrees that the Guaranty is and shall remain in full force and effect and that the terms and provisions of the Guaranty cover and pertain to the Credit FacilityLoan, Notes Note, Deed of Trust and other Loan Security Documents as modified hereby; (iv) acknowledges that there are no claims or offsets against, or defenses or counterclaims to, the terms and provisions of the Guaranty or the other obligations created and evidenced by the Guaranty; (v) certifies that the representations and warranties contained in the Guaranty remain true and correct representations and warranties of Guarantor as of the date hereof; and (vi) acknowledges that Administrative Agent and Lenders have Lender has satisfied and performed their its covenants and obligations under the Guaranty and the other Loan Security Documents, and that no action or failure to act by or on behalf of, Administrative Agent or Lenders Lender has or will give rise to any cause of action or other claim against Administrative Agent or Lenders Lender for breach of the Guaranty or other Loan Security Documents or otherwise.

Appears in 1 contract

Samples: Second Modification Agreement (Stratus Properties Inc)

Joinder of Guarantor. By its Contemporaneously with the execution and delivery hereof, Borrower shall cause each Guarantor hereby to execute and deliver to Lender the signature page of this Agreement, (i) acknowledges acknowledging and consents consenting to the terms and provisions hereof; , (ii) ratifies ratifying and confirms confirming the Guaranty, including all interest and costs of collection, to or and for the benefit of Administrative Agent and Lenders; Lender, (iii) agrees agreeing that the Guaranty is and shall remain in full force and effect effect, and that the terms and provisions of the Guaranty cover and pertain to the Credit FacilityLoan, Notes Notes, Deeds of Trust, and other Loan Documents as modified hereby; Documents, (iv) acknowledges acknowledging that there are no claims or offsets against, or defenses or counterclaims to, the terms and provisions of and the Guaranty or the other obligations created and evidenced by the Guaranty; , (v) certifies certifying that the representations and warranties contained in the Guaranty remain true and correct representations and warranties of Guarantor as of the date hereof; , and (vi) acknowledges acknowledging that Administrative Agent and Lenders have Lender has satisfied and performed their its covenants and obligations under the Guaranty and the other Loan DocumentsDocuments (if any), and that no prior action or failure to act by or on behalf of, Administrative Agent or Lenders Lender has or will give given rise to any cause of action or other claim against Administrative Agent or Lenders Lender for breach of the Guaranty or other Guaranty, the Loan Documents or otherwise.

Appears in 1 contract

Samples: Modification Agreement (Celebrity Inc)

Joinder of Guarantor. By Of even date herewith 7000 West JV, x xxxxted party of Borrower, has executed and delivered its Guaranty, and by each Guarantor's execution hereofhereof of its respective Guaranty, each Guarantor hereby (i) acknowledges and consents to the terms and provisions hereof; (ii) ratifies and confirms the its respective Guaranty, including all interest and costs of collection, to or for the benefit of Administrative Agent and LendersBank; (iii) agrees that the its Guaranty is and shall remain in full force and effect and that the terms and provisions of the its Guaranty cover and pertain to the Credit FacilityLoan, Notes Note, Deed of Trust and other Loan Documents as modified hereby; (iv) acknowledges that there are no claims or offsets against, or defenses or counterclaims to, the terms and provisions of the its Guaranty or the other obligations created and evidenced by the its Guaranty; (v) certifies that the representations and warranties contained in the its respective Guaranty remain are true and correct representations and warranties of said Guarantor as of the date hereof; and (vi) acknowledges that Administrative Agent and Lenders have Bank has satisfied and performed their its covenants and obligations under the its Guaranty and the other Loan Documents, and that no action or failure to act by or on behalf of, Administrative Agent or Lenders Bank has or will give rise to any cause of action or other claim against Administrative Agent or Lenders Bank for breach of the its Guaranty or other Loan Documents or otherwise.

Appears in 1 contract

Samples: Stratus Properties Inc

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Joinder of Guarantor. By its execution hereofhereof , each Guarantor hereby (i) acknowledges and consents to the terms and provisions hereof; (ii) specifically acknowledges that the Limitation of Liability of Oly Lower Tier Borrower Partners shall in no manner limit or modify the Guaranteed Obligations of Guarantor under the Guaranty or the obligations of Stratus 7000 West, Ltd. or of any lower tier entity which has an ownership interest in Stratus 7000 West, Ltd. (iii) ratifies and confirms the Guaranty, including all interest and costs of collection, to or for the benefit of Administrative Agent and LendersLender; (iiiiv) agrees that the Guaranty is and shall remain in full force and effect and that the terms and provisions of the Guaranty cover and pertain to the Credit FacilityLoan, Notes Note, Deed of Trust and other Loan Security Documents as modified hereby; (ivv) acknowledges that there are no claims or offsets against, or defenses or counterclaims to, the terms and provisions of the Guaranty or the other obligations created and evidenced by the Guaranty; (vvi) certifies that the representations and warranties contained in the Guaranty remain true and correct representations and warranties of Guarantor as of the date hereof; and (vivii) acknowledges that Administrative Agent and Lenders have Lender has satisfied and performed their its covenants and obligations under the Guaranty and the other Loan Security Documents, and that no action or failure to act by or on behalf of, Administrative Agent or Lenders Lender has or will give rise to any cause of action or other claim against Administrative Agent or Lenders Lender for breach of the Guaranty or other Loan Security Documents or otherwise.

Appears in 1 contract

Samples: Modification Agreement (Stratus Properties Inc)

Joinder of Guarantor. By its execution hereof, each Guarantor hereby (i) acknowledges and consents to the terms and provisions hereof; (ii) ratifies and confirms the Guaranty, including all interest and costs of collection, to or for the benefit of Administrative Agent and LendersBank; (iii) agrees that the Guaranty is and shall remain in full force and effect and that the terms and provisions of the Guaranty cover and pertain to the Credit FacilityLoan, Notes Note, Deed of Trust and other Loan Documents as modified hereby; (iv) acknowledges that there are no claims or offsets against, or defenses or counterclaims to, the terms and provisions of the Guaranty or the other obligations created and evidenced by the Guaranty; (v) certifies that the representations and warranties contained in the Guaranty remain true and correct representations and warranties of Guarantor as of the date hereof; and (vi) acknowledges that Administrative Agent and Lenders have Bank has satisfied and performed their its covenants and obligations under the Guaranty and the other Loan Documents, and that no action or failure to act by or on behalf of, Administrative Agent or Lenders Bank has or will give rise to any cause of action or other claim against Administrative Agent or Lenders Bank for breach of the Guaranty or other Loan Documents or otherwise.

Appears in 1 contract

Samples: First Modification of Loan Documents (Sharps Compliance Corp)

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