Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of 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 10 contracts
Sources: Guaranty (TNP Strategic Retail Trust, Inc.), Guaranty (CNL Healthcare Trust, Inc.), Guaranty (CNL Healthcare Trust, Inc.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder hereunder, shall not be reduced, discharged or released because of or by reason of 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 10 contracts
Sources: Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower 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.
Appears in 7 contracts
Sources: Guaranty (Owens Realty Mortgage, Inc.), Guaranty (Owens Realty Mortgage, Inc.), Guaranty (IMH Financial Corp)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of 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, other than a defense based on actual performance of the Guaranteed Obligations sought to be enforced hereunder.
Appears in 6 contracts
Sources: Non Recourse Guaranty (Maguire Properties Inc), Non Recourse Guaranty, Non Recourse Guaranty (Maguire Properties Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder hereunder, shall not be reduced, discharged or released because of or by reason of 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.
Appears in 5 contracts
Sources: Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.), Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.), Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.)
Offset. The Note, the Guaranteed Obligations Debt and the liabilities and obligations of the Guarantor to Lender hereunder hereunder, shall not be reduced, discharged or released because of or by reason of 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 5 contracts
Sources: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense (other than a defense based upon the actual payment or performance of the Guaranteed Obligations sought to be enforced) 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.
Appears in 4 contracts
Sources: Guaranty Agreement (Maguire Properties Inc), Guaranty Agreement (Maguire Properties Inc), Guaranty Agreement (Maguire Properties Inc)
Offset. The NoteLease, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder Lessor hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower Lessee against LenderLessor, 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 4 contracts
Sources: Guaranty of Lease (Crescent Operating Inc), Guaranty of Lease (Crescent Operating Inc), Guaranty of Lease (Crescent Operating Inc)
Offset. The NoteLoans, the other Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, the Borrowers or any other party, party against the Collateral Agent or against payment of the any other Guaranteed ObligationsParty, 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
Sources: Non Recourse Carveout Guaranty Agreement, Non Recourse Carveout Guaranty Agreement (Owl Rock Capital Corp II), Non Recourse Carveout Guaranty Agreement (Owl Rock Capital Corp II)
Offset. The NoteObligations, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder Bank hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against LenderBank, 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 4 contracts
Sources: Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower Borrower, or any other party, 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 4 contracts
Sources: Guaranty (Kilroy Realty, L.P.), Guaranty (Trade Street Residential, Inc.), Guaranty (Trade Street Residential, Inc.)
Offset. The NoteNote and other Guaranteed Debt guaranteed hereby, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder hereunder, shall not be reduced, discharged discharged, or released because of or by reason of any existing or future right of offset, claim claim, or defense of Borrower Lender against LenderBorrower, 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 3 contracts
Sources: Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)
Offset. The NoteLoans, the other Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of the Borrower against Lender, or any other party, party against the Collateral Agent or against payment of the any other Guaranteed ObligationsParty, 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
Sources: Non Recourse Carveout Guaranty Agreement (Kennedy Lewis Capital Co), Non Recourse Carveout Guaranty Agreement (Stone Point Credit Corp), Non Recourse Carveout Guaranty Agreement (Apollo Debt Solutions BDC)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense (other than a defense based upon the actual payment or performance of the Guaranteed Obligations sought to be enforced) of either 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 3 contracts
Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower 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 defenses based on actual performance of the Guaranteed Obligations sought to be enforced hereunder.
Appears in 2 contracts
Sources: Guaranty (Ionis Pharmaceuticals Inc), Guaranty (Ionis Pharmaceuticals Inc)
Offset. The Note, the Guaranteed Obligations Debt and the liabilities and obligations of the Guarantor to Lender hereunder hereunder, shall not be reduced, discharged or released because of or by reason of 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 of Borrower against Lender, or any other party, or against payment of the Guaranteed Obligations Debt (or the transactions creating the Guaranteed ObligationsDebt) or otherwise.
Appears in 2 contracts
Sources: Guaranty (Carter Validus Mission Critical REIT, Inc.), Guaranty (Grubb & Ellis Healthcare REIT II, Inc.)
Offset. The NoteNotes, the Guaranteed Obligations and the liabilities and obligations of the Guarantor Guarantors to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of any 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
Sources: Guaranty of Recourse Obligations (Horizon Group Properties Inc), Guaranty of Recourse Obligations (Horizon Group Properties Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower or any party 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 2 contracts
Sources: Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.), Guaranty of Recourse Obligations (Unsecured) (Inland Diversified Real Estate Trust, Inc.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower (other than the defense of payment) 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
Sources: Guaranty of Recourse Obligations (reAlpha Tech Corp.), Guaranty of Recourse Obligations (reAlpha Tech Corp.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower against Lender, Lender or any other party, 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
Sources: Guaranty (Infousa Inc), Guaranty (Infousa Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower 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.
Appears in 2 contracts
Sources: Guaranty (Cedar Shopping Centers Inc), Supplemental Guaranty (Cedar Shopping Centers Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the each Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of 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 1 contract
Sources: Guaranty (GMH Communities Trust)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower and/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.
Appears in 1 contract
Sources: Guaranty (MHI Hospitality CORP)
Offset. The fact that the Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense (other than the defense of payment in full) 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.
Appears in 1 contract
Sources: Completion Guaranty (Bh Re LLC)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense (other than payment) 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.
Appears in 1 contract
Offset. The Note, the Guaranteed Obligations and the ------ liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of or 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 1 contract
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the any Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of 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 payment in full of the Loan and other Guaranteed Obligations.
Appears in 1 contract
Sources: Guaranty (Assisted 4 Living, Inc.)
Offset. The NoteNote and other Guaranteed Debt guaranteed hereby, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder hereunder, shall not be reduced, discharged discharged, or released because of or by reason of any existing or future right of offset, claim claim, or defense of Borrower Lender against LenderBorrower, 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.; Section
Appears in 1 contract
Sources: Unconditional Guaranty Agreement
Offset. The NoteLeases, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder Lessor hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower any Lessee against LenderLessor, 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
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the each Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of any 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 1 contract
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the each Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower any Obligor 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 1 contract
Sources: Guaranty (Ventas Inc)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower or Guarantor against Lender, or any other party, or against payment of the Guaranteed Obligations, whether such right of offset, Exhibit 10.4 claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise.
Appears in 1 contract
Sources: Guaranty
Offset. The Note, the Guaranteed Obligations Debt and the liabilities and obligations of the Guarantor to Lender hereunder Noteholder hereunder, shall not be reduced, discharged or released because of or by reason of any existing or future right of offset, claim or defense of Borrower Maker against LenderNoteholder, or any other party, or against the payment or performance 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. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of 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.
Appears in 1 contract
Sources: Completion Guaranty Agreement (Lodging Fund REIT III, Inc.)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor to Lender hereunder shall not be reduced, discharged or released because of or by reason of 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 1 contract
Sources: Guaranty (GMH Communities Trust)
Offset. The Note, the Guaranteed Obligations and the liabilities and obligations of the Guarantor Guarantors to Lender hereunder shall not be reduced, discharged or released because of or by reason of 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.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)