Reaffirmation of Guaranty and Environmental Indemnity. The Guaranty and the Environmental Indemnity constitute the valid, legally binding obligation of Current Indemnitor, enforceable against Current Indemnitor in accordance with their terms. By Current Indemnitor’s execution hereof, Current Indemnitor waives and releases any and all defenses, affirmative defenses (other than payment or performance in full), setoffs, claims, counterclaims and causes of action of any kind or nature which Current Indemnitor has asserted, or might assert, against any of Lender Parties which in any way relate to or arise out of the Guaranty, the Environmental Indemnity or any of the other Loan Documents.
Reaffirmation of Guaranty and Environmental Indemnity. In connection with this Amendment, Guarantor hereby:
Reaffirmation of Guaranty and Environmental Indemnity. The Guaranty and the Environmental Indemnity constitute the valid, legally binding joint and several obligations of Current Guarantor, enforceable against Current Guarantor, in accordance with their respective terms. By their execution hereof, Current Guarantor waives and releases any and all defenses, affirmative defenses, setoffs, claims, counterclaims and causes of action of any kind or nature which any Current Guarantor has asserted, or might assert, against any of Lender Parties which in any way relate to or arise out of the Guaranty, the Environmental Indemnity or any of the other Loan Documents. Each Current Guarantor consents to the execution and delivery of the Modification Agreement by Borrower and agrees and acknowledges that the liability of Current Guarantor under the Guaranty and the Environmental Indemnity shall not be diminished in any way by the execution and delivery of the Modification Agreement or by the consummation of any of the transactions contemplated thereby.
Reaffirmation of Guaranty and Environmental Indemnity. In consideration of Lender executing the foregoing Amendment and agreeing to advance additional proceeds to Borrower in the amount of $18,000,000 (the “Additional Proceeds”) on and subject to the terms of the Loan Documents and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each of the undersigned as a “Guarantor” under the Completion, Payment and Performance Guaranty, and as an “Indemnitor” under the Environmental Indemnity Agreement, hereby agrees as follows (the “Guarantor”):
