Required Guaranties. Except as set forth in Section 2.02(d), if in connection with any Financing of the Property, including any mezzanine financing pertaining to the Property, a lender requires a guaranty of (i) standard non-recourse carve outs, (ii) certain environmental conditions and (iii) payment obligations related to Financing (each a “Required Guaranty” and collectively, the “Required Guaranties”), such Required Guaranties shall be from the Company and/or one or more entities (individually and collectively, the “Guarantor”) that are identified in connection with the approval of the applicable Financing pursuant to Section 2.02(d). The Guarantor shall not receive any fees or other compensation for making a Required Guaranty.
Required Guaranties. All Domestic Subsidiaries of APW, Ltd., ------------------- other than Applied Power Credit Corporation and any of the Dissolution Subsidiaries, shall provide or reaffirm existing guaranties. All Dissolution Subsidiaries not dissolved within 30 days of the closing of the First Amendment hereto shall provide guaranties. Subject to Section 3.1(c), -------------- the Borrower shall, at the request of the Administrative Agent or the Required Banks, cause each of its Subsidiaries required to guarantee its Obligations pursuant to Section 3.1(a), which shall not previously have delivered a Guaranty to execute and deliver such guaranties and deliver such evidence of authority, correctness of signatures and opinions of counsel as the Administrative Agent or the Required Banks may from time to time reasonably request. Notwithstanding the foregoing, the Administrative Agent shall not request, and the Borrower shall not cause, Applied Power Credit Corporation to guaranty the Obligations of the Borrower and the Borrower may designate Foreign Subsidiaries not to be Guarantors, so long as at no time shall the combined Tangible Net Assets of such Foreign Subsidiaries (excluding stock of Guarantors) exceed $100,000,000 and so long as, except as otherwise provided herein, the Borrower has used its commercially reasonable best efforts to provide Guarantees from all Subsidiaries located in Brazil, Germany, the United Kingdom, Ireland and Denmark. The Administrative Agent is authorized to release any Guaranty of a Dissolution Subsidiary, upon its dissolution."
Required Guaranties. Any guaranty, indemnity or other similar undertaking required provided or to be provided by Pacific Oak or an Affiliate thereof (in such capacity, a “Guarantor”) pursuant to a Mortgage Loan Agreement is hereinafter referred to as a “Required Guaranty”. Guarantor shall not receive any fees or other compensation for making a Required Guaranty. (b) Guarantor Losses Caused by Invesco. All amounts paid or payable by Guarantor pursuant to a Required Guaranty as a result of any conduct or action that Invesco or its Affiliates which is a result of any gross negligence, fraud or intentional misconduct of Invesco or its Affiliates shall be funded solely by Invesco by reimbursing Guarantor in respect thereof or, if directed by Guarantor, by making such payment directly to the party to whom the guaranteed amount is payable. If and to the extent Invesco has failed to fully satisfy obligation under this Section 3.07(b) within fifteen (15) Business Days following the date Invesco is notified that Guarantor has made or is required to make payment under the applicable Required Guaranty, Pacific Oak may Pacific Oak may elect to fund all or any portion of such obligations, in which case such payment shall be treated as a Default Loan made by Pacific Oak. (c)
Required Guaranties. All Domestic Subsidiaries of the Borrower ------------------- shall be required to be Guarantors. The Foreign Guarantors listed on the attached Schedule 1.3 shall be required to be Guarantors. Subject to ------------ Section 7.2(c), the Borrower shall, at the request of the Post-Petition -------------- Agent or the Majority Lenders, cause each of its Subsidiaries required to guarantee its Obligations pursuant to this Section 7.2, to execute and ----------- deliver such guaranties and deliver such evidence of authority, correctness of signatures and opinions of counsel as the Post-Petition Agent or the Majority Lenders may from time to time reasonably request. The Post-Petition Agent is authorized to release, and shall release, without any further request for approval from the Lender, any Guaranty of a Dissolution Subsidiary, upon the Borrower's request, immediately prior to or any time after the commencement of a members voluntary liquidation of such Dissolution Subsidiary or the filing of an application to the U.K. Registrar of Companies to strike off the relevant Dissolution Subsidiary, provided that such Dissolution Subsidiary shall not have assets in excess of 50,000 Pounds Sterling at the time thereof (exclusive of intragroup claims).
Required Guaranties. If in connection with any financing of the Property, including any mezzanine financing pertaining to the Property and the assumption of the Loan, a lender requires a guaranty of (i) standard non-recourse carve outs, (ii) certain environmental conditions and (iii) other funding obligations related to certain tenant improvement or leasing costs or exculpated expense costs (each a “Required Guaranty” and collectively, the “Required Guaranties”), such Required Guaranties shall be from the Company and/or the JV Member (individually and collectively, the “Guarantor”). Except as provided in Section 3.07(f), KBS and its Affiliates shall have no obligation to enter into any Required Guaranties. The Guarantor shall not receive any fees or other compensation for making a Required Guaranty.
Required Guaranties. Except as set forth in Section 2.02(f) or Section 3.07(a)(ii) below, if in connection with any Financing of the Property, a lender requires a guaranty of (i) standard non-recourse carve outs, (ii) certain environmental conditions and (iii) payment obligations related to Financing other than any Completion Guaranty (defined below) (each a “Required Guaranty” and collectively, the “Required Guaranties”), such Required Guaranties shall be from the Company and/or on or more entities (individually and collectively, the “Guarantor”) that are identified in connection with the approval of the applicable Financing pursuant to Section 2.02(f). The Guarantor shall not receive any fees or other compensation for making a Required Guaranty. The form, amount and terms and conditions of any Required Guaranty shall be approved by the Members as part of the approval of the applicable Financing pursuant to Section 2.02(f).
Required Guaranties. Except as set forth in Section 1.06 or Section 3.07(a)(ii) below, if in connection with any Financing of the Property, including the Mortgage Loan, a lender requires a guaranty of (each a “Required Guaranty” and collectively, the “Required Guaranties”): (i) standard non-recourse carve outs, (ii) certain environmental conditions, (iii) a completion guaranty with respect to the Project (a “Completion Guaranty”), (iv) an operating guaranty (a “Carry Guaranty”), and/or (v) a guaranty of the Member’s future capital commitments to the Company (“Future Funding Guaranty”), such Required Guaranties shall be from the Company and/or JV Member or an entity affiliated with JV Member (individually and collectively, the “Guarantor”). The Guarantor shall not receive any fees or other compensation for making a Required Guaranty. The form, amount and terms and conditions of any Required Guaranty shall be approved by the Members. Notwithstanding the foregoing, KBS agrees to cause the KBS Credit Party to execute a Carry Guaranty in favor of lender and a Future Funding Guaranty in favor of lender, each in a form and substance reasonably acceptable to KBS and the KBS Credit Party.
Required Guaranties. Section 3.1(b) of the Credit Agreement shall be ------------------- -------------- amended to state in its entirety as follows:
Required Guaranties. All Domestic Subsidiaries of the Borrower shall be required to be Guarantors. The Foreign Guarantors listed on the attached Schedule 1.3 shall be required to be Guarantors. Subject to Section 4.2(c), the Borrower shall, at the request of the Administrative Agent or the Majority Lenders, cause each of its Subsidiaries required to guarantee its Obligations pursuant to this Section 4.2, to execute and deliver such guaranties and deliver such evidence of authority, correctness of signatures and opinions of counsel as the Administrative Agent or the Majority Lenders may from time to time reasonably request. The Administrative Agent is authorized to release, and shall release, without any further request for approval from the Lender, any Guaranty of a Dissolution Subsidiary, upon the Borrower's request, immediately prior to or any time after the commencement of a members voluntary liquidation of such Dissolution Subsidiary or the filing of an application to the U.K. Registrar of Companies to strike off the relevant Dissolution Subsidiary, provided that such Dissolution Subsidiary shall not have assets in excess of 50,000 Pounds Sterling at the time thereof (exclusive of intragroup claims).
Required Guaranties. To reflect the requirement of the Agent and the Lenders that unless such requirement is waived by one hundred percent (100%) of the Lenders, each U.S. domestic Subsidiary of the Company must execute and deliver a Guaranty and be a "Guarantor" for all purposes of the Credit Agreement and the other Loan Documents, effective as of the Effective Date:
