Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 36 contracts
Samples: Cross Indemnification Agreement (Landwin Realty Trust, Inc.), Assumption Agreement (American Realty Capital Hospitality Trust, Inc.), Guaranty Agreement (Terra Tech Corp.)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed ObligationsDebt by any Other Borrower, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.
Appears in 30 contracts
Samples: Seventh Mezzanine Loan Agreement (Harrahs Entertainment Inc), Fourth Mezzanine Loan Agreement (Harrahs Entertainment Inc), Loan Agreement (Harrahs Entertainment Inc)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, Collateral Agent, Servicer (on behalf of Lender) or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 9 contracts
Samples: Sixth Mezzanine Loan Agreement (Harrahs Entertainment Inc), First Mezzanine Loan Agreement (Harrahs Entertainment Inc), Second Mezzanine Loan Agreement (Harrahs Entertainment Inc)
Offset. Any existing or future right of offset, claim or defense of any Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 8 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)
Offset. Any existing or future right of offset, claim or defense of Borrower or Guarantor against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Guaranty Agreement (Griffin Capital Essential Asset REIT II, Inc.), Guaranty Agreement (Griffin Capital Essential Asset REIT, Inc.), Guaranty Agreement (Independence Realty Trust, Inc)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense (other than the defense of payment in full) arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 4 contracts
Samples: Guaranty Agreement (Bh Re LLC), Guaranty Agreement (Harrahs Entertainment Inc), Guaranty Agreement (Bh Re LLC)
Offset. Any existing or future right of offset, claim claim, or defense of Borrower against Lenderthe Credit Parties, or any other party, or against payment of the Guaranteed ObligationsDebt, whether such right of offset, claim claim, or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.;
Appears in 4 contracts
Samples: Credit Agreement (Protection One Alarm Monitoring Inc), Revolving Credit Agreement (Horton D R Inc /De/), Revolving Credit Agreement (Horton D R Inc /De/)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise, other than the payment of the Guaranteed Obligations.
Appears in 3 contracts
Samples: Guaranty (Brixmor Property Group Inc.), Guaranty (Brixmor Property Group Inc.), Senior Mezzanine Guaranty (Brixmor Property Group Inc.)
Offset. Any existing or future right of offset, claim or defense of Borrower any one or both of the Borrowers against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 3 contracts
Samples: Environmental Indemnity Agreement (W2007 Grace Acquisition I Inc), Special Warranty Deed (American Realty Capital Hospitality Trust, Inc.), Assumption Agreement (American Realty Capital Hospitality Trust, Inc.)
Offset. Any existing or future right of offset, claim or defense of Borrower or any Individual Borrower and/or Operating Lessee against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 3 contracts
Samples: Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Hospitality Investors Trust, Inc., Hospitality Investors Trust, Inc.
Offset. Any existing or future right of offset, claim or defense of Borrower Borrower, Operating Lessee, any other Loan Party or Guarantor against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise, other than payment of the Guaranteed Obligations.
Appears in 3 contracts
Samples: Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (CorePoint Lodging Inc.)
Offset. Any existing or future right of offset, claim or defense (other than the defense of payment of the Guaranteed Obligations) of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Offset. Any existing or future right of offset, claim or defense of Borrower against Agent or Lender, or any other partyPerson (including, without limitation, Guarantor), or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty of Payment (Allegiant Travel CO), Non Recourse Carve Out Guaranty Agreement (Allegiant Travel CO)
Offset. Any existing or future right of offset, claim or defense of Borrower Borrower, any other Loan Party or Guarantor against LenderAdministrative Agent, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise, other than payment of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty Agreement (MGM Resorts International), Guaranty Agreement (MGM Resorts International)
Offset. Any existing or future right of offset, claim claim, or defense of Borrower against Lenderthe Loan Parties, or any other party, or against payment of the Guaranteed ObligationsDebt, whether such right of offset, claim claim, or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed ObligationsObligations (except Borrower’s or Guarantor’s performance of such obligations and then only to the extent of such performance), whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 2 contracts
Samples: Guaranty Agreement (Capitalsource Inc), Guaranty Agreement (Capitalsource Inc)
Offset. Any existing or future right of offset, claim or defense of Borrower any Obligor against Lender, the Guaranteed Credit Parties or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.;
Appears in 2 contracts
Samples: Global Senior Credit Agreement (Prologis), Global Senior Credit Agreement (Prologis)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lenderthe Purchasers, or any other party, or against party (other than a defense of payment of the Guaranteed ObligationsDebt), whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.
Appears in 1 contract
Samples: H-Cyte, Inc.
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed ObligationsDebt, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.
Appears in 1 contract
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.)
Offset. Any existing or future right of offset, claim or defense of Borrower against Administrative Agent or any Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty Agreement (Altitude International Holdings, Inc.)
Offset. Any existing or future right of offset, claim or defense of Borrower against Administrative Agent or any Lender, or any other partyPerson, or against payment of the Loan Obligations or the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Loan Obligations or the Guaranteed Obligations (other than the indefeasible payment in full of the Guaranteed Obligations) or the transactions creating the Loan Obligations and the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.. 9 Guaranty of Recourse Obligations (Mezzanine Loan)
Appears in 1 contract
Samples: Special Warranty Deed (American Realty Capital Hospitality Trust, Inc.)
Offset. Any existing or future right of offset, claim claim, or defense of Borrower against Lenderthe Credit Parties, or any other party, or against payment of the Guaranteed ObligationsDebt, whether such right of offset, claim Exhibit G claim, or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.;
Appears in 1 contract
Offset. Any existing or future right of offset, offset claim or defense of Borrower against Lender, or any other partyPerson, or against payment of the Guaranteed ObligationsDebt (except Other Borrower’s performance of such obligations and then only to the extent of such performance) by any Other Borrower, whether such right of offset, offset claim or defense arises in connection with the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.
Appears in 1 contract
Samples: Loan Agreement (Capitalsource Inc)
Offset. Any existing or future right of offset, claim or defense of Borrower against LenderLender or Agent, or any other partyPerson (including, without limitation, Guarantor), or against payment of the Guaranteed Completion Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Completion Obligations (or the transactions creating the Guaranteed Completion Obligations) or otherwise.
Appears in 1 contract
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender (or Collateral Agent or Servicer on behalf of Lender), or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Offset. Any existing or future right of offset, claim or defense of Borrower against Administrative Agent, any Lender, or any other partyPerson, or against payment of the Guaranteed Obligations, whether such right of offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Samples: Guaranty Agreement (Centro NP LLC)
Offset. Any existing or future right of offset, claim or defense of Borrower against Lender, or any other party, or against payment of the Guaranteed ObligationsRecourse Obligations of Borrower, whether such right of offset, claim or defense arises in connection with the Guaranteed Recourse Obligations of Borrower (or the transactions creating the Guaranteed ObligationsRecourse Obligations of Borrower) or otherwise.
Appears in 1 contract
Samples: Maguire Properties Inc