Common use of Payments Free and Clear Clause in Contracts

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 34 contracts

Samples: Credit Agreement (Select Income REIT), Bridge Loan Agreement (Select Income REIT), Credit Agreement (Government Properties Income Trust)

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Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 25 contracts

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent Agent, the Lenders and the Lenders Swingline Lender such additional amount as will result in the receipt by the Administrative Agent Agent, the Lenders and the Lenders Swingline Lender of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 16 contracts

Samples: Credit Agreement (Senior Housing Properties Trust), Credit Agreement (Corporate Office Properties Trust), Credit Agreement (Commercial Net Lease Realty Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders Credit Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders Credit Parties of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 11 contracts

Samples: Term Loan Agreement (Colonial Properties Trust), Term Loan Agreement (Colonial Realty Limited Partnership), Credit Agreement (Wells Real Estate Investment Trust Ii Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders Guarantied Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders Guarantied Parties of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 11 contracts

Samples: Credit Agreement (Excel Trust, Inc.), Guaranty (Broadstone Net Lease Inc), Credit Agreement (Broadstone Net Lease Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding provided the requirements set forth in Section 3.10. of the Credit Agreement are satisfied, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 9 contracts

Samples: Credit Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 7 contracts

Samples: Assignment and Acceptance Agreement (U-Store-It Trust), Assignment and Acceptance Agreement (U-Store-It Trust), Credit Agreement (Parkway Properties Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes)whatsoever, and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders Guarantied Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders Guarantied Parties of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 6 contracts

Samples: Revolving Credit Agreement (First Potomac Realty Trust), And Consolidated Credit Agreement (First Potomac Realty Trust), Term Loan Agreement (First Potomac Realty Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.10. of the Credit Agreement), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, subject to Section 3.10. of the Credit Agreement, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 5 contracts

Samples: Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Post Apartment Homes Lp), Credit Agreement (Washington Real Estate Investment Trust)

Payments Free and Clear. All sums payable by each the Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.10. of the Credit Agreement), and if such the Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such withholding, subject to Section 3.10. of the Credit Agreement, the Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 4 contracts

Samples: And Consolidated Credit Agreement (Equity Lifestyle Properties Inc), And Consolidated Guaranty (Equity Lifestyle Properties Inc), Equity Lifestyle Properties Inc

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.12. of the Credit Agreement), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall shall, subject to Section 3.12. of the Credit Agreement, pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 4 contracts

Samples: Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxeswithholding tax or liability imposed by any Governmental Authority, or any Legal Requirement promulgated thereby), and if such any Guarantor is required by Applicable Law such Legal Requirement or by any such Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 4 contracts

Samples: Credit Agreement (Archstone Smith Operating Trust), Credit Agreement (Archstone Smith Trust), Credit Agreement (Archstone Smith Operating Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding provided the requirements set forth in Section 3.10 of the Credit Agreement are satisfied, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 4 contracts

Samples: Intercreditor Agreement (Pennsylvania Real Estate Investment Trust), Intercreditor Agreement (Pennsylvania Real Estate Investment Trust), Guaranty (Pennsylvania Real Estate Investment Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-set off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent Agent, the Lenders and the Lenders Swingline Lender such additional amount as will result in the receipt by the Administrative Agent Agent, the Lenders and the Lenders Swingline Lender of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 4 contracts

Samples: Credit Agreement (Kite Realty Group Trust), Credit Agreement (Kite Realty Group Trust), Guaranty (Kite Realty Group Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off set‑off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders Guarantied Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders Guarantied Parties of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 4 contracts

Samples: Credit Agreement (Regency Centers Lp), Term Loan Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 3 contracts

Samples: Guaranty (Energy Transfer Partners, L.P.), Guaranty (Energy Transfer Partners, L.P.), Guaranty (Energy Transfer LP)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), but excluding Taxes required to be withheld pursuant to Section 3.10 of the Credit Agreement) and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 3 contracts

Samples: Credit Agreement (STORE CAPITAL Corp), Credit Agreement (STORE CAPITAL Corp), Credit Agreement (STORE CAPITAL Corp)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 3 contracts

Samples: Option and Subordination Agreement (CapLease, Inc.), Credit Agreement (CapLease, Inc.), Repayment Guaranty (Pennsylvania Real Estate Investment Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders Guarantied Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders of Guarantied Parties the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 3 contracts

Samples: Credit Agreement (National Retail Properties, Inc.), Credit Agreement (National Retail Properties, Inc.), Credit Agreement (National Retail Properties, Inc.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-set off or counterclaim or any deduction or withholding whatsoever (including any Taxes)whatsoever, and if such Guarantor is required by Applicable Law applicable law or by any a Governmental Authority to make any such deduction or withholding such withholding, Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 3 contracts

Samples: Term Loan Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent Agent, the Lenders and the Lenders Swingline Lender such additional amount as will result in the receipt by the Administrative Agent Agent, the Lenders and the Lenders Swingline Lender of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 3 contracts

Samples: Credit Agreement (Regency Centers Lp), Assignment and Acceptance Agreement (Regency Realty Corp), Assignment and Acceptance Agreement (Regency Realty Corp)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.10. of the Credit Agreement), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 3 contracts

Samples: Guaranty (Saul Centers Inc), Credit Agreement (Saul Centers Inc), Accession Agreement (Saul Centers Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent Agent, the Issuing Bank, and the Lenders such additional amount as will result in the receipt by the Administrative Agent Agent, the Issuing Bank, and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 3 contracts

Samples: Credit Agreement (Washington Real Estate Investment Trust), Designation Agreement (Washington Real Estate Investment Trust), Amended And (Washington Real Estate Investment Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.10 of the Credit Agreement), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, subject to Section 3.10 of the Credit Agreement, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Credit Agreement (Equity Commonwealth), Credit Agreement (Equity Commonwealth)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Term Loan Agreement (DiamondRock Hospitality Co), Term Loan Agreement (DiamondRock Hospitality Co)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes)whatsoever, and if such Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding such withholding, Guarantor shall pay to the Administrative Agent and the Lenders Guarantied Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders Guarantied Parties of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: And Consolidated Credit Agreement (First Potomac Realty Trust), Parent Guaranty (First Potomac Realty Trust)

Payments Free and Clear. All sums Guarantied Obligations payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, hereunder shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Credit Agreement (Rouse Properties, Inc.), Term Loan Agreement (Post Apartment Homes Lp)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.10. of the Loan Agreement), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, subject to Section 3.10. of the Loan Agreement, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Term Loan Agreement (Equity Lifestyle Properties Inc), Guaranty (Equity Lifestyle Properties Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders Guarantied Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders Guarantied Parties of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Guaranty (Parkway Properties Inc), Term Loan Agreement (Parkway Properties Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-set off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding such withholding, Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Term Loan Agreement (Kite Realty Group Trust), Form of Guaranty (Kite Realty Group Trust)

Payments Free and Clear. All sums payable by each any Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Pledge Agreement (Corporate Office Properties Trust), Pledge Agreement (Corporate Office Properties Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required; provided, notwithstanding the foregoing, the provisions of Section 3.10 of the Credit Agreement shall apply to any payments to be made by a Guarantor hereunder mutatis mutandis.

Appears in 2 contracts

Samples: Guaranty (Nuveen Global Cities REIT, Inc.), Nuveen Global Cities REIT, Inc.

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-set off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Term Loan Agreement (Kite Realty Group Trust), Guaranty (Kite Realty Group Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.10. of the Credit Agreement), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required. Section 12.

Appears in 2 contracts

Samples: Credit Agreement (Saul Centers Inc), Saul Centers Inc

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Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off set‑off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders Guarantied Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders Guarantied Parties of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: And Consolidated Guaranty (Parkway Properties Inc), Assignment and Assumption Agreement (Parkway Properties Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxeswithholding tax or liability imposed by any Governmental Authority, or any Legal Requirement promulgated thereby), and if such Guarantor is required by Applicable Law such Legal Requirement or by any such Governmental Authority to make any such deduction or withholding such withholding, Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Credit Agreement (Archstone Smith Operating Trust), Guaranty (Archstone Smith Operating Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including of any Indemnified Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Credit Agreement (Hudson Pacific Properties, Inc.), Credit Agreement (Hudson Pacific Properties, Inc.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-set off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent Agent, the Issuing Bank and the Lenders such additional amount as will result in the receipt by the Administrative Agent Agent, the Issuing Bank and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Security Agreement (Morgans Hotel Group Co.), Guaranty (Morgans Hotel Group Co.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-set off or counterclaim or any deduction or withholding whatsoever (including any Taxes)whatsoever, and if such Guarantor is required by Applicable Law applicable law or by any a Governmental Authority to make any such deduction or withholding such withholding, Guarantor shall pay to the Administrative Agent Agent, the Lenders and the Lenders Issuing Bank such additional amount as will result in the receipt by the Administrative Agent Agent, the Lenders and the Lenders Issuing Bank of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Credit Agreement (Kite Realty Group, L.P.), Springing Guaranty (Kite Realty Group, L.P.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off set‑off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 2 contracts

Samples: Term Loan Agreement (Corporate Office Properties, L.P.), Term Loan Agreement (Corporate Office Properties, L.P.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders Guarantied Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders Guarantied Parties of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Guaranty (Parkway, Inc.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Guaranty (Trade Street Residential, Inc.)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders other Secured Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders other Secured Parties of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (U-Store-It Trust)

Payments Free and Clear. All sums payable by each the Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such the Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such withholding, the Guarantor shall pay to the Administrative Agent and the Lenders Lender such additional amount as will result in the receipt by the Administrative Agent and the Lenders Lender of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Pledge Agreement (Physicians Specialty Corp)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders Secured Beneficiaries such additional amount as will result in the receipt by the Administrative Agent and the Lenders Secured Beneficiaries of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Security Agreement (Ashford Hospitality Trust Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Credit Agreement (Regency Centers Lp)

Payments Free and Clear. All Subject to the provisions of Section 3.01, all sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes)whatsoever, and if such any Guarantor is required by Applicable applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall shall, subject to this Agreement, pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Credit Agreement (Monitronics International Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, provided the requirements set forth in Section 3.10 of the Credit Agreement are satisfied, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Pennsylvania Real Estate Investment Trust

Payments Free and Clear. All sums payable by each the Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes, subject to Section 3.10. of the Credit Agreement), and if such the Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such withholding, subject to Section 3.10. of the Credit Agreement, the Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required. Section 12.

Appears in 1 contract

Samples: Credit Agreement (Equity Lifestyle Properties Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law applicable law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Credit Agreement (Corporate Property Associates 14 Inc)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Credit Agreement (LXP Industrial Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, feesFees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders Lender such additional amount as will result in the receipt by the Administrative Agent and the Lenders Lender of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Guaranty (U-Store-It Trust)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such a Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and Agent, the Lenders or the Swingline Lender such additional amount as will result in the receipt by the Administrative Agent and Agent, the Lenders or the Swingline Lender of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Credit Agreement (Physicians Specialty Corp)

Payments Free and Clear. All sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such any Guarantor is required by Applicable Law or by any a Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders Credit Parties such additional amount as will result in the receipt by the Administrative Agent and the Lenders Credit Parties of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Term Loan Agreement (Wells Real Estate Investment Trust Ii Inc)

Payments Free and Clear. All Except as otherwise permitted under Section 3.11. of the Credit Agreement, all sums payable by each Guarantor hereunder, whether of principal, interest, fees, expenses, premiums or otherwise, shall be paid in full, without set-off or counterclaim or any deduction or withholding whatsoever (including any Taxes), and if such Guarantor is required by Applicable Law or by any Governmental Authority to make any such deduction or withholding withholding, such Guarantor shall pay to the Administrative Agent and the Lenders such additional amount as will result in the receipt by the Administrative Agent and the Lenders of the full amount payable hereunder had such deduction or withholding not occurred or been required.

Appears in 1 contract

Samples: Guaranty (Pennsylvania Real Estate Investment Trust)

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