Amended And Restated Guaranty Sample Contracts

Amended and Restated Guaranty (August 3rd, 2018)

THIS AMENDED AND RESTATED GUARANTY (this "Guaranty") dated as of May 24, 2018, executed and delivered by each of the undersigned and the other Persons from time to time party hereto pursuant to the execution and delivery of an Accession Agreement in the form of Annex I hereto (all of the undersigned, together with such other Persons each a "Guarantor" and collectively, the "Guarantors") in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent (the "Administrative Agent") for the Lenders under that certain Amended and Restated Credit Agreement dated as of May 24, 2018 (as amended, restated, supplemented or otherwise modified from time to time, the "Credit Agreement"), by and among PREIT Associates, L.P. ("PREIT"), PREIT-Rubin, Inc. ("PREIT-Rubin"), Pennsylvania Real Estate Investment Trust (the "Parent"; together with PREIT and PREIT-Rubin, each individually, a "Borrower" and collectively, the "Borrower"), the financial institutions party thereto and t

Pennymac Mortgage Invest Tr – AMENDED AND RESTATED GUARANTY By (July 6th, 2018)

This AMENDED AND RESTATED GUARANTY, dated as of June 29, 2018 (as may be amended, restated, supplemented or otherwise modified from time to time, this "Guaranty"), is made by PennyMac Mortgage Investment Trust ("Guarantor"), in favor of Credit Suisse AG, Cayman Islands Branch ("CSCIB" or a "Buyer") and Citibank, N.A. ("Citi" or a "Buyer," and together with CSCIB, the "Buyers").

Griffin Capital Essential Asset REIT II, Inc. – Amended and Restated Guaranty (July 5th, 2018)

THIS AMENDED AND RESTATED GUARANTY (this "Guaranty") dated as of June 28, 2018, executed and delivered by each of the undersigned, whether one or more, ("Guarantor", which term specifically includes each Person that hereafter executes a Joinder Agreement pursuant to which such Person agrees to become party to this Guaranty and assume the obligations of a Guarantor hereunder), in favor of (a) KEYBANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent (the "Agent") for the Lenders under that certain Amended and Restated Credit Agreement dated as of even date herewith, by and among GRIFFIN CAPITAL ESSENTIAL ASSET OPERATING PARTNERSHIP II, L.P., (the "Borrower"), the financial institutions party thereto and their assignees in accordance therewith (the "Lenders"), and the Agent (as the same may be amended, restated, supplemented or otherwise modified from time to time in accordance with its terms, the "Credit Agreement") and (b) the Lenders.

Amended and Restated Guaranty (May 29th, 2018)

THIS AMENDED AND RESTATED GUARANTY (as amended, restated, supplemented or otherwise modified from time to time, this Guaranty) is made as of May 29, 2018, by and among each of the undersigned (the Initial Guarantors) and along with any additional Subsidiaries of the Borrower which become parties to this Guaranty by executing a supplement hereto (a Guaranty Supplement) in the form attached hereto as Annex I (such additional Subsidiaries, together with the Initial Guarantors, the Guarantors), in favor of the Administrative Agent, for the ratable benefit of the Holders of Guaranteed Obligations (as defined below), under the Credit Agreement referred to below.

Sportsman'S Warehouse Holdings, Inc. – Amended and Restated Guaranty (May 25th, 2018)

WHEREAS, reference is made to that certain Credit Agreement, dated as of the date hereof (as amended and in effect immediately prior to the date hereof, the "Existing Credit Agreement"), by and among (i) Sportsman's Warehouse, Inc., a Utah corporation, as representative for the borrowers from time to time party thereto, (ii) such borrowers, (iii) the Guarantor, (iv) the lenders from time to time party thereto, and (v) Wells Fargo Bank, National Association (as successor by merger to Wells Fargo Retail Finance, LLC), as Administrative Agent, Collateral Agent and Swing Line Lender.

Colony NorthStar Credit Real Estate, Inc. – Amended and Restated Guaranty (May 15th, 2018)

This AMENDED AND RESTATED GUARANTY (this "Guaranty") is made and entered into as of January 31, 2018, by CREDIT RE OPERATING COMPANY, LLC, a Delaware limited liability company, having an address at c/o Colony NorthStar, Inc., 399 Park Avenue, 18th Floor, New York, New York 10022 ("Guarantor"), for the benefit of DEUTSCHE BANK AG, CAYMAN ISLANDS BRANCH, a branch of a foreign banking institution, whose address is 60 Wall Street, 10th Floor, New York, New York 10005 ("Buyer"). This Guaranty is made with reference to the following facts:

Colony NorthStar Credit Real Estate, Inc. – Amended and Restated Guaranty (May 15th, 2018)

This AMENDED AND RESTATED GUARANTY (this "Guaranty") is made and entered into as of January 31, 2018, by CREDIT RE OPERATING COMPANY, LLC, a Delaware limited liability company, having an address at c/o Colony NorthStar, Inc., 399 Park Avenue, 18th Floor, New York, New York 10022 ("Guarantor"), for the benefit of DEUTSCHE BANK AG, CAYMAN ISLANDS BRANCH, a branch of a foreign banking institution, whose address is 60 Wall Street, 10th Floor, New York, New York 10005 ("Buyer"). This Guaranty is made with reference to the following facts:

TPG RE Finance Trust, Inc. – Amended and Restated GUARANTY (May 7th, 2018)

AMENDED AND RESTATED GUARANTY (as amended, modified, restated and/or supplemented from time to time, this "Guaranty"), dated as of May 4, 2018, made by TPG RE FINANCE TRUST HOLDCO, LLC, a Delaware limited liability company (the "Guarantor") in favor of BANK OF AMERICA, N.A. ("Bank of America"), as Administrative Agent (in such capacity, together with any successor administrative agent, the "Administrative Agent") for the benefit of the Secured Parties (as defined in the Credit Agreement referred to below).

TPG RE Finance Trust, Inc. – Amended and Restated Guaranty of Recourse Obligations (May 7th, 2018)

This AMENDED AND RESTATED GUARANTY OF RECOURSE OBLIGATIONS (this "Guaranty") is executed as of May 4, 2018 by and between TPG RE FINANCE TRUST HOLDCO, LLC, a Delaware limited liability company, having an address at c/o TPG Real Estate Finance Trust, Inc., 888 7th Avenue, New York, New York 10106 (as such entity may be replaced in accordance with the terms of Section 11.19 of the Loan Agreement, as hereinafter defined, the "Guarantor"), and DEUTSCHE BANK AG, NEW YORK BRANCH, a branch of a foreign banking institution, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and/or assigns, "Lender").

TPG RE Finance Trust, Inc. – Amended and Restated Guaranty of Recourse Obligations (May 7th, 2018)

This AMENDED AND RESTATED GUARANTY OF RECOURSE OBLIGATIONS (this "Guaranty") is executed as of May 4, 2018 by and between TPG RE FINANCE TRUST HOLDCO, LLC, a Delaware limited liability company, having an address at c/o TPG Real Estate Finance Trust, Inc., 888 7th Avenue, New York, New York 10106 (as such entity may be replaced in accordance with the terms of Section 11.19 of the Loan Agreement, as hereinafter defined, the "Guarantor"), and DEUTSCHE BANK AG, NEW YORK BRANCH, a branch of a foreign banking institution, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and/or assigns, "Lender").

TPG RE Finance Trust, Inc. – Amended and Restated Guaranty (May 7th, 2018)

THIS AMENDED AND RESTATED GUARANTY, dated as of May 4, 2018 (as amended, restated, supplemented, or otherwise modified from time to time, this "Guaranty"), is made by and between TPG RE FINANCE TRUST HOLDCO, LLC, a Delaware limited liability company ("Guarantor"), and MORGAN STANLEY BANK, N.A., a national banking association, as buyer ("Buyer").

Athene Holding Ltd – AMENDED AND RESTATED GUARANTY Dated as of March 14, 2018 Among (May 4th, 2018)

AMENDED AND RESTATED GUARANTY dated as of March 14, 2018 (as amended, restated, amended and restated, modified or supplemented from time to time, this "Agreement") among ATHENE HOLDING LTD., an exempted company incorporated under the laws of Bermuda ("AHL"), ATHENE USA CORPORATION, an Iowa corporation ("AUSA"), and ATHENE LIFE RE LTD., an exempted company incorporated under the laws of Bermuda ("Athene Life Re" and together with AHL and AUSA, collectively, the "Existing Guarantors"), and ATHENE ANNUITY RE LTD., an exempted company incorporated under the laws of Bermuda ("Athene Annuity Re" and, together with the Existing Guarantors, collectively, the "Guarantors" and, individually, a "Guarantor"), and CITIBANK, N.A., as Administrative Agent for the benefit of the Finance Parties referred to herein.

Amended and Restated Guaranty (April 30th, 2018)

AMENDED AND RESTATED GUARANTY (this "Guaranty"), dated as of March 1, 2018, made by each of the parties listed on the signature pages hereof and each other Person which may from time to time become a party to this Guaranty pursuant to Section 24 (collectively, the "Guarantors", and each, a "Guarantor"), in favor of the Guarantied Parties referred to below.

Bloom Energy Corp – Amended and Restated Guaranty (March 21st, 2018)

This AMENDED AND RESTATED GUARANTY (this Guaranty), dated as of August 2, 2013, by Bloom Energy Corporation, a Delaware corporation (the Guarantor), in favor of Firstar Development, LLC, a Delaware limited liability company (together with its successors, permitted assigns or permitted transferees, the Guaranteed Party).

KBS Growth & Income REIT, Inc. – Amended and Restated Guaranty (March 12th, 2018)

THIS AMENDED AND RESTATED GUARANTY ("Guaranty") is executed as of November 9, 2017, by KBSGI REIT PROPERTIES, LLC, a Delaware limited liability company ("Guarantor"), for the benefit of JPMORGAN CHASE BANK, N.A., in its capacity as administrative agent for the "Lenders" pursuant to the Loan Agreement described below (in such capacity, "Administrative Agent") and in favor of each party that now or hereafter is bound under the Loan Agreement as a "Lender" (referred to herein individually as a "Lender" and collectively as the "Lenders").

Tier Reit Inc – Second Amended and Restated Guaranty (January 24th, 2018)

THIS SECOND AMENDED AND RESTATED GUARANTY dated as of January 18, 2018 (this Guaranty) executed and delivered by each of the undersigned and the other Persons from time to time party hereto pursuant to the execution and delivery of an Accession Agreement in the form of Annex I hereto (all of the undersigned, together with such other Persons each a Guarantor and collectively, the Guarantors) in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent (the Administrative Agent) for the Lenders under that certain Second Amended and Restated Credit Agreement dated as of the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the Credit Agreement), by and among Tier Operating Partnership LP, a Texas limited partnership (the Borrower), TIER REIT, Inc., a Maryland corporation (the Parent), the financial institutions party thereto and their assignees under Section 13.5 thereof (the Lenders), the other parties thereto, and the

Strategic Storage Growth Trust, Inc. – Amended and Restated Guaranty (December 22nd, 2017)

THIS AMENDED AND RESTATED GUARANTY (this "Guaranty") dated as of December 20, 2017, executed and delivered by each of the undersigned, whether one or more, (individually and collectively, "Guarantor"), in favor of (a) KeyBank, National Association, in its capacity as Administrative Agent (the "Agent") for the Lenders under that certain Amended and Restated Credit Agreement dated as of even date herewith, by and among SS Growth Operating Partnership, L.P., a Delaware limited partnership, and its Subsidiaries party to the Amended and Restated Credit Agreement (collectively, the "Borrower"), the financial institutions party thereto and their assignees in accordance therewith (the "Lenders"), and the Agent (as the same may be amended, restated, supplemented or otherwise modified from time to time in accordance with its terms, the "Credit Agreement") and (b) the Lenders.

AMENDED AND RESTATED GUARANTY Dated as of October 27, 2017 Among THE HANOVER INSURANCE GROUP, INC. And LLOYDS BANK PLC, as Facility Agent and Security Agent (November 2nd, 2017)

This Amended and Restated Guaranty Agreement (as may be further amended, restated, supplemented or otherwise modified from time to time, this "Agreement") dated as of October 27, 2017 by THE HANOVER INSURANCE GROUP, INC., a Delaware Corporation (the "Guarantor"), LLOYDS BANK PLC, as Facility Agent for itself and on behalf of the Finance Parties (the "Facility Agent") and LLOYDS BANK PLC, as Security Agent on behalf of the Guaranteed Finance Parties (the "Security Agent").

Blue Dolphin Energy Company – Amended and Restated Guaranty Fee Agreement (October 12th, 2017)

THIS AMENDED AND RESTATED GUARANTY FEE AGREEMENT (this "Amended Agreement") is made as of April 1, 2017 (the "Effective Date"), by and between Jonathan P. Carroll ("Guarantor") and Lazarus Refining & Marketing, LLC, a Delaware limited liability company ("LRM"). Guarantor and LRM are sometimes referred to herein as the "Parties".

Blue Dolphin Energy Company – Amended and Restated Guaranty Fee Agreement (October 12th, 2017)

THIS AMENDED AND RESTATED GUARANTY FEE AGREEMENT (this "Amended Agreement") is made as of April 1, 2017 (the "Effective Date"), by and between Jonathan P. Carroll ("Guarantor") and Lazarus Refining & Marketing, LLC, a Delaware limited liability company ("LRM"). Guarantor and LRM are sometimes referred to herein as the "Parties".

Blue Dolphin Energy Company – Amended and Restated Guaranty Fee Agreement (October 12th, 2017)

THIS AMENDED AND RESTATED GUARANTY FEE AGREEMENT (this "Amended Agreement") is made as of April 1, 2017 (the "Effective Date"), by and between Jonathan P. Carroll ("Guarantor") and Lazarus Energy, LLC, a Delaware limited liability company ("LE"). Guarantor and LE are sometimes referred to herein as the "Parties".

Duke Realty Corporation – Amended and Restated Guaranty (October 12th, 2017)

This Amended and Restated Guaranty (Guaranty) is made as of October 11, 2017, by Duke Realty Corporation, an Indiana corporation (the Guarantor), to and for the benefit of JPMorgan Chase Bank, N.A., (JPMCB) individually and as administrative agent (the Administrative Agent) for itself and the Lenders under the Credit Agreement (as defined below) and their respective successors and assigns.

PBF Energy Inc. – Amended and Restated Guaranty of Collection (October 6th, 2017)

THIS AMENDED AND RESTATED GUARANTY OF COLLECTION (this Agreement) is made as of October 6, 2017 by PBF Energy Company LLC, a Delaware limited liability company (the Parent Guarantor), to and in favor of PBF Logistics LP, a Delaware limited partnership (PBF Logistics LP), and PBF Logistics Finance Corporation, a Delaware corporation (Finance Corp and, together with PBF Logistics LP, the Issuers) to provide a guarantee of collection, on the terms set forth herein, for the benefit of the holders (the Holders) of the Supported Debt (as hereinafter defined) and the Trustee under the Indenture dated May 12, 2015 (collectively, as amended from time to time, the Senior Notes Indenture) with respect to the $525 million aggregate principal amount of the Issuers 6.875% senior notes due 2023 (together with any senior notes of the Issuers with substantially identical terms that are issued to the Holders in exchange for the notes pursuant to a registration statement under the Securities Act of 1933,

Walker & Dunlop – Second Amended and Restated Guaranty and Suretyship Agreement (September 13th, 2017)

THIS AMENDED AND RESTATED GUARANTY AND SURETYSHIP AGREEMENT (this Guaranty) is made and entered into as of this 11th day of September, 2017, by WALKER & DUNLOP, INC., a Maryland corporation (the Guarantor), with an address at 7501 Wisconsin Avenue, Ste. 1200E, Bethesda, Maryland 20814, for the benefit of PNC BANK, NATIONAL ASSOCIATION, as Lender (the Lender) with an address at 300 Fifth Avenue, PT-PTWR-15-1 Pittsburgh, PA 15222-2707, in consideration of the extension of credit by Lender to WALKER & DUNLOP, LLC, a Delaware limited liability company (the Borrower), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

Hanover Capital Mortgage Holdings, Inc. – Amended and Restated Guaranty (August 9th, 2017)

THIS AMENDED AND RESTATED GUARANTY, dated as of February 21, 2017 (as amended, restated, supplemented, or otherwise modified from time to time, this "Guaranty"), is made by Walter Investment Management Corp., a Maryland corporation (the "Guarantor"), in favor of Credit Suisse First Boston Mortgage Capital LLC (the "Administrative Agent") for the benefit of Buyers.

Hanover Capital Mortgage Holdings, Inc. – Amended and Restated Guaranty (August 9th, 2017)

This AMENDED AND RESTATED GUARANTY (as the same may be amended, restated, supplemented or otherwise modified from time to time, this "Guaranty"), dated May 22, 2017, is by Walter Investment Management Corp., a Maryland corporation ("Guarantor").

Kilroy Realty, L.P. – Second Amended and Restated Guaranty (July 27th, 2017)

SECOND AMENDED AND RESTATED GUARANTY (this "Guaranty"), made as of July 24, 2017, between KILROY REALTY CORPORATION, a Maryland corporation, having an address at 12200 West Olympic Boulevard, Suite 200, Los Angeles, California 90064 ("Guarantor"), and JPMORGAN CHASE BANK, N.A., having an office at 383 Madison Avenue, New York, NY 10179, as administrative agent (the "Administrative Agent") for the banks (the "Banks") listed on the signature pages of the Second Amended and Restated Credit Agreement (as the same may be amended, modified, supplemented or restated, the "Credit Agreement"), dated as of the date hereof, among Kilroy Realty, L.P. ("Borrower"), the Banks, JPMorgan Chase Bank, N.A., in its capacity as Administrative Agent, Bank, Joint Lead Arranger and Joint Bookrunner, Merrill Lynch, Pierce, Fenner & Smith Incorporated, as Joint Lead Arranger and Joint Bookrunner, Wells Fargo Securities, LLC., as Joint Lead Arranger and Joint Bookrunner, PNC Capital Markets LLC, as Joint Lead A

Second Amended and Restated Guaranty (July 14th, 2017)

THIS SECOND AMENDED AND RESTATED GUARANTY (as the same may be amended, restated, supplemented or otherwise modified from time to time, this "Guaranty") is made as of July 13, 2017, by and among each of the undersigned (the "Initial Guarantors" and along with any additional Subsidiaries of the Company which become parties to this Guaranty by executing a supplement hereto in the form attached as Annex I, the "Guarantors") in favor of the Administrative Agent, for the ratable benefit of the Holders of Guaranteed Obligations (as defined below), under the Credit Agreement referred to below.

Second Amendment to Amended and Restated Guaranty (June 30th, 2017)

THIS SECOND AMENDMENT TO AMENDED AND RESTATED GUARANTY (this "Amendment"), dated as of June 29, 2017 (the "Effective Date"), is made by RAIT FINANCIAL TRUST., a Maryland real estate investment trust, whose address is Two Logan Square, 100 N. 18th Street, 23rd Floor, Philadelphia, Pennsylvania 19103 ("Guarantor"), for the benefit of CITIBANK, N.A., whose address is 388 Greenwich Street, New York, New York 10013 (together with its successors and/or assigns, "Buyer"), and is acknowledged and agreed to by RAIT CMBS CONDUIT I, LLC, a Delaware limited liability company, whose address is c/o RAIT. Financial Trust, Two Logan Square, 100 N. 18th Street, 23rd Floor, Philadelphia, Pennsylvania 19103 ("RAIT I") and RAIT CRE CONDUIT III, LLC, a Delaware limited liability company, whose address is c/o RAIT. Financial Trust, Two Logan Square, 100 N. 18th Street, 23rd Floor, Philadelphia, Pennsylvania 19103 ("RAIT III"; and together with RAIT I, collectively, "Seller").

AMENDED AND RESTATED GUARANTY Dated as of May 22, 2017 Between PETROLEO BRASILEIRO S.A.PETROBRAS, as Guarantor, and THE BANK OF NEW YORK MELLON, as Trustee for the Noteholders Referred to Herein (May 22nd, 2017)

AMENDED AND RESTATED GUARANTY (this Guaranty), dated as of May 22, 2017, between PETROLEO BRASILEIRO S.A.PETROBRAS (the Guarantor), a sociedade de economia mista organized and existing under the laws of the Federative Republic of Brazil (Brazil), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee under the Indenture (as defined below) (the Trustee).

AMENDED AND RESTATED GUARANTY Dated as of May 22, 2017 Between PETROLEO BRASILEIRO S.A.PETROBRAS, as Guarantor, and THE BANK OF NEW YORK MELLON, as Trustee for the Noteholders Referred to Herein (May 22nd, 2017)

AMENDED AND RESTATED GUARANTY (this Guaranty), dated as of May 22, 2017 between PETROLEO BRASILEIRO S.A.PETROBRAS (the Guarantor), a sociedade de economia mista organized and existing under the laws of the Federative Republic of Brazil (Brazil), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee under the Indenture (as defined below) (the Trustee).

AMENDED AND RESTATED GUARANTY Dated as of May 22, 2017 Between PETROLEO BRASILEIRO S.A.PETROBRAS, as Guarantor, and THE BANK OF NEW YORK MELLON, as Trustee for the Noteholders Referred to Herein (May 22nd, 2017)

AMENDED AND RESTATED GUARANTY (this Guaranty), dated as of May 22, 2017 between PETROLEO BRASILEIRO S.A.PETROBRAS (the Guarantor), a sociedade de economia mista organized and existing under the laws of the Federative Republic of Brazil (Brazil), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee under the Indenture (as defined below) (the Trustee).

Sabra Healthcare REIT – [ __________ ] Amended and Restated Guaranty of Lease ([ _____________ ]) (May 8th, 2017)

This [ ________ ]AMENDED AND RESTATED GUARANTY OF LEASE (this "Guaranty"), is made and entered into as of May 4, 2017 (the "Effective Date"), by GENESIS HEALTHCARE, INC., a Delaware corporation (f/k/a Skilled Healthcare Group, Inc.) ("Guarantor"), in favor of [ ________, a ________ ] ("Landlord"). Landlord hereby executes this Guaranty solely for the purpose of acknowledging and agreeing to accept this amended and restated Guaranty in substitution and replacement of the Existing Guaranty (as defined below).

Pennymac Financial Services In – Amended and Restated Guaranty (May 3rd, 2017)

THIS AMENDED AND RESTATED GUARANTY, dated as of April 28, 2017 (as amended, restated, supplemented, or otherwise modified from time to time, this "Guaranty"), made by Private National Mortgage Acceptance Company, LLC, a Delaware limited liability company (the "Guarantor"), in favor of Credit Suisse First Boston Mortgage Capital LLC (the "Administrative Agent") for the benefit of Buyers.

Pennymac Mortgage Invest Tr – Second Amended and Restated Guaranty (May 3rd, 2017)

SECOND AMENDED AND RESTATED GUARANTY, dated as of April 28, 2017 (as amended, restated, supplemented, or otherwise modified from time to time, this "Guaranty"), made by PennyMac Mortgage Investment Trust, a Maryland real estate investment trust ("PMIT"), and PennyMac Operating Partnership, L.P., a Delaware limited partnership ("POP" and, together with PMIT, each, a "Guarantor" and collectively, the "Guarantors"), in favor of Credit Suisse First Boston Mortgage Capital LLC (the "Administrative Agent")(for the benefit of Buyers).