Common use of Parties Bound; Assignment; Joint and Several Clause in Contracts

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 63 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Cim Real Estate Finance Trust, Inc.), Guaranty Agreement (Medical Billing Assistance, Inc.)

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Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that an assignment by Lender of all or any part of its interest in the Loan shall not affect the liability of Guarantor hereunder and provided further, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 9 contracts

Samples: Third Mezzanine Loan Agreement (Harrahs Entertainment Inc), Fourth Mezzanine Loan Agreement (Harrahs Entertainment Inc), Sixth Mezzanine Loan Agreement (Harrahs Entertainment Inc)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 6 contracts

Samples: Guaranty (Prime Group Realty Trust), Guaranty (Prime Group Realty Trust), Guaranty (Prime Group Realty Trust)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns assigns, heirs and legal representatives; provided, however, that no Guarantor may notmay, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunderhereunder except as may otherwise be permitted under the Loan Agreement. If Guarantor consists The obligations, liabilities, representations, covenants and agreements of more than one person or party, the obligations and liabilities of each such person or party shall be Guarantors hereunder are joint and several.

Appears in 5 contracts

Samples: Third Mezzanine (Morgans Hotel Group Co.), Second Mezzanine (Morgans Hotel Group Co.), Loan Agreement (Morgans Hotel Group Co.)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder, except as provided in the Loan Agreement. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 4 contracts

Samples: Non Recourse Guaranty (Maguire Properties Inc), Non Recourse Guaranty (Maguire Properties Inc), Non Recourse Guaranty (Maguire Properties Inc)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that no Guarantor may notmay, without the prior written consent of Lenderthe Lenders, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 4 contracts

Samples: Guaranty Agreement (Rg Capital Management Lp), Amended and Restated Guaranty Agreement (Earth Biofuels Inc), Amended and Restated Guaranty Agreement (Earth Biofuels Inc)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 3 contracts

Samples: Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of LenderLenders, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 3 contracts

Samples: Guaranty Agreement (Centro NP LLC), Alexanders Inc, Alexanders Inc

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or partyPerson, the obligations and liabilities of each such person or party Person shall be joint and several.

Appears in 3 contracts

Samples: Guaranty Agreement (Griffin Capital Essential Asset REIT, Inc.), Guaranty Agreement (BlueLinx Holdings Inc.), Guaranty Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representativesrepresentatives and an assignment by Lender of all or any part of its interest in the Loan shall not affect the liability of Guarantor hereunder; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 3 contracts

Samples: Guaranty (Brixmor Property Group Inc.), Guaranty (Brixmor Property Group Inc.), Senior Mezzanine Guaranty (Brixmor Property Group Inc.)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder, except as contemplated by the Loan Agreement and/or Section 6.15. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 2 contracts

Samples: Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of LenderAdministrative Agent, assign any of its rights, powers, duties or obligations hereunder, except as contemplated by the Loan Agreement. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 2 contracts

Samples: Guaranty Agreement (MGM Resorts International), Guaranty Agreement (MGM Resorts International)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its Guarantor’s rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or partyPerson, the obligations and liabilities of each such person or party Person shall be joint and several.

Appears in 2 contracts

Samples: Trade Street Residential, Inc., Trade Street Residential, Inc.

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of LenderPurchaser, assign any of its rights, powers, duties or obligations hereunderhereunder except as provided in Article V(d). If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 2 contracts

Samples: Guaranty (RAIT Financial Trust), Guaranty (RAIT Financial Trust)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that no Guarantor may notmay, without the prior written consent of LenderPurchaser, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 2 contracts

Samples: Guaranty (Starwood Credit Real Estate Income Trust), ARC Realty Finance Trust, Inc.

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or partyPerson has executed this Guaranty as “Guarantor”, the representations, covenants, warranties, obligations and liabilities of each all such person or party Persons hereunder shall be joint and several.

Appears in 2 contracts

Samples: Guaranty Agreement (Capitalsource Inc), Guaranty Agreement (Capitalsource Inc)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto Indenture Trustee and their respective its successors, assigns and legal representatives; provided, however, that Guarantor Support Provider may not, without the prior written consent of LenderIndenture Trustee, assign any of its rights, powers, duties or obligations hereunder. If Guarantor Support Provider consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 2 contracts

Samples: Guaranty (American Finance Trust, Inc), Guaranty (American Finance Trust, Inc)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of LenderXxxxxx, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 2 contracts

Samples: Interest and Completion (reAlpha Tech Corp.), reAlpha Tech Corp.

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto Lender and Guarantor and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder, except as contemplated by the Loan Agreement and/or Section 6.16 hereof. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 2 contracts

Samples: Guaranty Agreement (Park Hotels & Resorts Inc.), Guaranty Agreement (Park Hotels & Resorts Inc.)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that no Guarantor may notmay, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If any Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 1 contract

Samples: Guaranty (GMH Communities Trust)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder, except as contemplated by the Loan Agreement. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 1 contract

Samples: Guaranty Agreement (CorePoint Lodging Inc.)

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Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or partyPerson executes this Guaranty, the obligations and liabilities of each such person or party Persons hereunder shall be joint and several.

Appears in 1 contract

Samples: Sentio Healthcare Properties Inc

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that an assignment by Lender of all or any part of its interest in the Loan shall not affect the liability of Guarantor hereunder and provided further, that Guarantor may not, without the prior written consent of Lenderall Lenders, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (Harrahs Entertainment Inc)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of LenderAdministrative Agent, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 1 contract

Samples: Carveout Guaranty (Trinity Place Holdings Inc.)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor Guarantors may not, without the prior written consent of LenderBuyer, assign any of its their rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the The obligations and liabilities of each such person or party Guarantor shall be joint and several.

Appears in 1 contract

Samples: Guaranty (Gramercy Capital Corp)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that that, subject to the terms of the Loan Agreement, Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 1 contract

Samples: Guaranty Agreement (Global Net Lease, Inc.)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of LenderCreditor, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 1 contract

Samples: Guaranty (Naturade Inc)

Parties Bound; Assignment; Joint and Several. 5.7 This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or partyPerson, the obligations and liabilities of each such person or party Person shall be joint and several.

Appears in 1 contract

Samples: Guaranty Agreement (Independence Realty Trust, Inc)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of LenderXxxxxx, assign any of its Guarantor's rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or partyPerson, the obligations and liabilities of each such person or party Person shall be joint and several.

Appears in 1 contract

Samples: Kilroy Realty, L.P.

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of LenderAgent, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 1 contract

Samples: Indemnity Guaranty (CURO Group Holdings Corp.)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of LenderTrustee, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or partyentity, the obligations and liabilities of each such person or party entity shall be joint and several.

Appears in 1 contract

Samples: Guaranty Agreement (Kerzner International LTD)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of LenderNote B Holder, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 1 contract

Samples: Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto Indenture Trustee and their respective its successors, assigns and legal representatives; provided, however, that Guarantor the Sponsor may not, without the prior written consent of Lenderthe Indenture Trustee, assign any of its rights, powers, duties or obligations hereunder. If Guarantor Sponsor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 1 contract

Samples: Sponsor Guaranty (Cim Real Estate Finance Trust, Inc.)

Parties Bound; Assignment; Joint and Several. This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder, except as contemplated by the Loan Agreement and/or Section 6.16 hereof. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

Appears in 1 contract

Samples: Guaranty Agreement (Hilton Worldwide Holdings Inc.)

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