Guaranty of Payment Sample Contracts

GUARANTY OF PAYMENT (EQR GUARANTY)
Guaranty of Payment • November 3rd, 2016 • Erp Operating LTD Partnership • Real estate investment trusts • Illinois

GUARANTY OF PAYMENT (this “Guaranty”), made as of November 3, 2016, between EQUITY RESIDENTIAL, a Maryland real estate investment trust, having an address at Two North Riverside Plaza, Suite 400, Chicago, Illinois 60606 (“Guarantor”), and BANK OF AMERICA, N.A., having an office at 135 S. LaSalle Street, Chicago, Illinois 60603, as administrative agent (“Administrative Agent”) for the banks (the “Banks”) party to the Revolving Credit Agreement (as the same may be amended, modified, supplemented or restated, the “Agreement”), dated as of the date hereof, among ERP OPERATING LIMITED PARTNERSHIP (“Borrower”), the Banks, Administrative Agent, Wells Fargo Bank, National Association and JPMorgan Chase Bank, N.A., as Co-Syndication Agents, and the other Agents named therein.

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GUARANTY OF PAYMENT
Guaranty of Payment • January 29th, 2007 • IElement CORP • Services-business services, nec

THIS GUARANTY OF PAYMENT (this "Guaranty") is made as of the 21st day of December, 2006, by IELEMENT CORPORATION, a corporation organized and existing under the laws of the state of Nevada (he "Guarantor"), in favor of ROCKLAND CREDIT FINANCE LLC, a Maryland limited liability company (the "Factor").

AMENDED AND RESTATED GUARANTY OF PAYMENT
Guaranty of Payment • June 30th, 2008 • NNN 2003 Value Fund LLC • Operators of nonresidential buildings • Illinois

This AMENDED AND RESTATED GUARANTY OF PAYMENT dated as of June 24, 2008 (this “Guaranty”), is executed by NNN 2003 VALUE FUND, LLC, a Delaware limited liability company (the “Guarantor”), to and for the benefit of LASALLE BANK NATIONAL ASSOCIATION, a national banking association (the “Lender”).

GUARANTY OF PAYMENT
Guaranty of Payment • August 14th, 2009 • Assuranceamerica Corp • Fire, marine & casualty insurance • Georgia

THIS GUARANTY AGREEMENT (this “Agreement”) is entered into as of July 17, 2009, by ASSURANCEAMERICA MANAGING GENERAL AGENCY LLC, a Delaware limited liability company (the “Guarantor”) with an address as set forth on the signature page to this Agreement, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION (“Lender”) with an address at 171 17th Street NW, 5th Floor, MC: GA4507 Atlanta, Georgia 30363.

AMENDED AND RESTATED GUARANTY OF PAYMENT
Guaranty of Payment • February 12th, 2013 • Kilroy Realty, L.P. • Real estate investment trusts • New York

AMENDED AND RESTATED GUARANTY OF PAYMENT (this “Guaranty”), made as of November 28, 2012, 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 Amended and Restated Revolving 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, the Administrative Agent, in its capacity as Administrative Agent and Bank, J.P. Morgan Securities LLC, as Joint Lead Arranger and Joint Bookrunner, Merrill Lynch, Pierce, Fenner & Smith Incorporated, as Joint Lead Arranger and Joint Bookrunner, Bank of America, N.A., as Syndication Agent, and Barclays Bank PLC, Com

GUARANTY OF PAYMENT
Guaranty of Payment • October 20th, 2014 • Peak Resorts Inc • Hotels & motels

THIS GUARANTY OF PAYMENT (this “Guaranty”), made as of March 10, 2006, by PEAK RESORTS, INC., a Missouri corporation (“Guarantor”) to and for the benefit of EPT CROTCHED MOUNTAIN, INC. (“Lender”).

GUARANTY OF PAYMENT
Guaranty of Payment • August 22nd, 2016 • Prologis, L.P. • Real estate • New York

GUARANTY OF PAYMENT (this “Guaranty”), made as of August 18, 2016, jointly and severally by PROLOGIS, INC., a Maryland corporation (“General Partner”), and PROLOGIS, L.P., a Delaware limited partnership (“Prologis LP” and, together with General Partner, each a “Guarantor” and collectively, the “Guarantors”), for the benefit of SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent (in such capacity, the “Administrative Agent”), for the lenders (the “Lenders”) that are from time to time parties to the Term Loan Agreement (as amended or otherwise modified from time to time, the “Term Loan Agreement”), dated as of August 18, 2016, among Prologis GK Holdings Y.K. (the “Borrower”), the Guarantors, the Lenders and the Administrative Agent. Capitalized terms used but not defined herein have the meanings ascribed thereto in the Term Loan Agreement.

GUARANTY OF PAYMENT
Guaranty of Payment • March 30th, 2012 • United Development Funding IV • Real estate investment trusts

THIS GUARANTY OF PAYMENT (this "Agreement") is made as of December 30, 2011, by MEHRDAD MOAYEDI ("Moayedi") and United Development Funding IV, a real estate investment trust organized under the laws of the State of Maryland ("UDF"; Moayedi and UDF are collectively referred to herein as the "Guarantor") to and for the benefit of BABSON MEZZANINE REALTY INVESTORS II LP, a Delaware limited partnership ("Lender" and to the extent applicable under Article 13 of the Loan Agreement, "Administrative Agent"), and for the benefit of the other Lender Parties. As used in this Agreement, "Lender Parties" shall mean Lender, Cornerstone Real Estate Advisers LLC (the investment advisor to Lender), any present and future loan participants, co-lenders, loan servicers, custodians and trustees, and each of their respective directors, officers, employees, shareholders, agents, affiliates, heirs, legal representatives, successors and assigns.

GUARANTY OF PAYMENT
Guaranty of Payment • April 7th, 2022 • Generation Income Properties, Inc. • Real estate investment trusts • Florida

This GUARANTY OF PAYMENT (this “Guaranty”) is made and given on April 1, 2022 by DAVID SOBELMAN, individually and David Sobelman, as President of Generation Income Properties, Inc., a Maryland corporation, General Partner of Generation Income Properties, L.P., a Delaware limited partnership (“Guarantor”) to VALLEY NATIONAL BANK, a national banking association (the “Lender”).

GUARANTY OF PAYMENT
Guaranty of Payment • February 9th, 2007 • Lear Corp • Public bldg & related furniture • Delaware

This Guaranty (this “Guaranty”) is made as of February 9, 2007 by American Real Estate Partners, L.P., a Delaware limited partnership (the “Guarantor”), in favor of Lear Corporation, a Delaware corporation (the “Company”). Unless otherwise defined herein, all capitalized terms used herein shall have the meaning ascribed to them in the Agreement (as defined below).

GUARANTY OF PAYMENT
Guaranty of Payment • July 14th, 2011 • Erp Operating LTD Partnership • Real estate investment trusts • Illinois

GUARANTY OF PAYMENT (this “Guaranty”), made as of July 13, 2011, between EQUITY RESIDENTIAL, a Maryland real estate investment trust, having an address at Two North Riverside Plaza, Suite 400, Chicago, Illinois 60606 (“Guarantor”), and BANK OF AMERICA, N.A., having an office at 231 South LaSalle Street, Chicago, Illinois 60697, as administrative agent (“Administrative Agent”) for the banks (the “Banks”) party to the Revolving Credit Agreement (as the same may be amended, modified, supplemented or restated, the “Credit Agreement”), dated as of the date hereof, among ERP OPERATING LIMITED PARTNERSHIP (“Borrower”), the Banks, Administrative Agent, JPMORGAN CHASE BANK, N.A., as Syndication Agent, and SUNTRUST BANK, U.S. BANK NATIONAL ASSOCIATION, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Documentation Agents, and CITIBANK, N.A., DEUTSCHE BANK SECURITIES INC., and MORGAN STANLEY SENIOR FUNDING, INC., as Co-Documentation Agents.

GUARANTY OF PAYMENT (Loan B)
Guaranty of Payment • November 9th, 2009 • Sunrise Senior Living Inc • Services-nursing & personal care facilities • Virginia

THIS GUARANTY OF PAYMENT (this “Agreement”) is made as of August 28, 2007, by SUNRISE SENIOR LIVING, INC., a corporation organized under the laws of the State of Delaware (“Guarantor”) in favor of CHEVY CHASE BANK, F.S.B., a federal savings bank, its successors and assigns, “Lender”).

GUARANTY OF PAYMENT
Guaranty of Payment • August 16th, 2013 • Prologis, L.P. • Real estate • New York

GUARANTY OF PAYMENT (this “Guaranty”), made as of August 14, 2013, jointly and severally by PROLOGIS, INC., a Maryland corporation (“General Partner”), and PROLOGIS, L.P., a Delaware limited partnership (“Prologis LP” and, together with General Partner, each a “Guarantor” and collectively, the “Guarantors”), for the benefit of SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent (in such capacity, the “Administrative Agent”), for the banks (the “Banks”) that are from time to time parties to the Fourth Amended and Restated Revolving Credit Agreement (as amended or otherwise modified from time to time, the “Credit Agreement”), dated as of the date hereof, among Prologis Japan Finance Y.K. (the “Initial Borrower”), any affiliate of the Initial Borrower that becomes a party thereto, the Guarantors, the Banks and the Administrative Agent. Capitalized terms used but not defined herein have the meanings ascribed thereto in the Credit Agreement.

GUARANTY OF PAYMENT
Guaranty of Payment • May 6th, 2005 • First Advantage Corp • Services-business services, nec • Florida

THIS GUARANTY is made as of March 28, 2005, by AMERICAN DRIVING RECORDS, INC., a California corporation, BACKTRACK REPORTS, INC., a New York corporation, CIC ENTERPRISES, LLC, an Delaware limited liability company, COMPUNET CREDIT SERVICES, INC., an Arizona corporation, COREFACTS, LLC, a Virginia limited liability company, FIRST ADVANTAGE BACKGROUND SERVICES CORP., a Florida corporation, f/k/a Employee Health Programs, Inc., FIRST ADVANTAGE OCCUPATIONAL HEALTH SERVICES CORP., a Florida corporation, formerly know as HireCheck, Inc., FIRST ADVANTAGE CANADA, INC., a Canadian corporation, FIRST ADVANTAGE ENTERPRISE SCREENING CORPORATION, a Delaware corporation, FIRST ADVANTAGE PUBLIC RECORDS, LLC, a Delaware limited liability company, MULTIFAMILY COMMUNITY INSURANCE AGENCY, INC., a Maryland corporation, NATIONAL BACKGROUND DATA, LLC, a Delaware limited liability company, NATIONAL DATA REGISTRY, LLC, a Delaware limited liability company, OMEGA INSURANCE SERVICES, a Florida corporation, PROU

GUARANTY OF PAYMENT
Guaranty of Payment • May 8th, 2019 • Allegiant Travel CO • Air transportation, scheduled • New York

This GUARANTY OF PAYMENT (this “Guaranty”) is executed as of March 18, 2019 by ALLEGIANT TRAVEL COMPANY, a Nevada corporation, having an address at 1201 N. Town Center Drive, Las Vegas, Nevada 89144 (“Guarantor”), for the benefit of TPG SPECIALTY LENDING, INC., a Delaware corporation, having an address at 2100 McKinney Avenue, Suite 1030, Dallas, TX 75201 (together with its successors and assigns, hereinafter referred to as “Agent”), for the benefit of TPG SPECIALTY LENDING, INC., a Delaware corporation, SSPC 1, LLC, a Delaware limited liability company, and SSPC 2, LLC, a Delaware limited liability company, each having an address at 2100 McKinney Avenue, Suite 1030, Dallas, TX 75201, collectively, as lender (together with their respective successors and assigns, individually or collectively as the context may require, “Lender”).

GUARANTY OF PAYMENT
Guaranty of Payment • June 24th, 2004 • Carramerica Realty Corp • Real estate investment trusts • New York

GUARANTY OF PAYMENT (this “Guaranty”), made as of June 21, 2004, by CARRAMERICA REALTY L.P., having an address at 1850 K Street, N.W., Washington, D.C. 20006 (“Guarantor”), in favor of JPMORGAN CHASE BANK, as administrative agent (“Administrative Agent”) on behalf of the banks (the “Banks”) listed on the signature pages of the Revolving Credit Agreement (as the same may be amended, modified, supplemented or restated, the “Credit Agreement”), dated as of the date hereof, among CarrAmerica Realty Corporation, as borrower (“Borrower”), Administrative Agent and the Banks listed therein

GUARANTY OF PAYMENT
Guaranty of Payment • February 9th, 2007 • American Real Estate Partners L P • Operators of nonresidential buildings • Delaware

This Guaranty (this "Guaranty") is made as of February 9, 2007 by American Real Estate Partners, L.P., a Delaware limited partnership (the "Guarantor"), in favor of Lear Corporation, a Delaware corporation (the "Company"). Unless otherwise defined herein, all capitalized terms used herein shall have the meaning ascribed to them in the Agreement (as defined below).

GUARANTY OF PAYMENT
Guaranty of Payment • July 1st, 2008 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Illinois

This GUARANTY OF PAYMENT (as the same may be amended, supplemented or otherwise modified from time to time, “Guaranty”) is made as of June 26, 2008 by GRUBB & ELLIS HEALTHCARE REIT, INC., a Maryland corporation (“Guarantor”) for the benefit of FIFTH THIRD BANK, a Michigan banking corporation, together with its successors and assigns (“Agent”), as agent for the Banks (as defined below).

GUARANTY OF PAYMENT
Guaranty of Payment • October 31st, 2006 • Vornado Realty Trust • Real estate investment trusts • New York

GUARANTY OF PAYMENT (this “Guaranty”), made as of June 28, 2006, by VORNADO REALTY TRUST, a real estate investment trust organized and existing under the laws of the State of Maryland, having an address at 888 Seventh Avenue, New York, New York 10019 (“Guarantor”), for the benefit of JPMORGAN CHASE BANK, N.A. (the “Administrative Agent”), as agent for the Banks (the “Banks”) that are from time to time parties to that certain Revolving Credit Agreement (the “Credit Agreement”), dated as of June 28, 2006 among Vornado Realty, L.P. (the “Borrower”), Guarantor, the banks signatory thereto, the Administrative Agent, Bank of America, N.A. and Citicorp North America, Inc., as Syndication Agents and Deutsche Bank Trust Company Americas, LaSalle Bank National Association and UBS Loan Finance LLC, as Documentation Agents.

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AMENDED AND RESTATED GUARANTY OF PAYMENT
Guaranty of Payment • July 2nd, 2004 • Carramerica Realty Corp • Real estate investment trusts

WHEREAS, the CarrAmerica Corporation, as borrower, the Administrative Agent and the Banks entered into a Revolving Credit Agreement, dated as of June 21, 2004 (the “Existing Credit Agreement”);

GUARANTY OF PAYMENT
Guaranty of Payment • December 21st, 2018 • Global Self Storage, Inc. • Real estate investment trusts • Illinois

This GUARANTY OF PAYMENT dated as of December 20, 2018 (this “Guaranty”), is executed by GLOBAL SELF STORAGE, INC., a Maryland corporation (the “Guarantor”), to and for the benefit of TCF NATIONAL BANK, a national banking association (the “Lender”).

GUARANTY OF PAYMENT
Guaranty of Payment • September 14th, 2007 • NNN Healthcare/Office REIT, Inc. • Real estate investment trusts • Illinois

This GUARANTY OF PAYMENT dated as of September 10, 2007 (this “Guaranty”), is executed by NNN HEALTHCARE/OFFICE REIT, INC., a Maryland corporation (“Office REIT”) (Office REIT, collectively, together with each Subsidiary Guarantor that becomes a party hereto pursuant to the Joinder Agreements referenced below, the “Guarantor”), to and for the benefit of LASALLE BANK NATIONAL ASSOCIATION, a national banking association, individually and as agent for the Banks as described in the Loan Agreement (as defined below) (“LaSalle” and, in its capacity as agent for the Banks, the “Agent”).

SECOND AMENDED AND RESTATED GUARANTY OF PAYMENT
Guaranty of Payment • September 24th, 2009 • Prospect Acquisition Corp • Blank checks • California

This SECOND AMENDED AND RESTATED GUARANTY OF PAYMENT (“Guaranty”) is entered in as of November 4, 2008, by ARTHUR S. LEVINE, as Trustee of the RAY J. RUTTER TRUST uta 3/24/81, ARTHUR S. LEVINE, as Trustee of the SUSAN RAYE RUTTER TRUST uta 3/24/81, and ARTHUR S. LEVINE, as Trustee of the ROBERT JONATHAN RUTTER TRUST uta 12/10/84, all having an address at c/o Sonnenschein Nath & Rosenthal, 601 South Figueroa, Suite 1500, Los Angeles, California 90017, and KENNEDY-WILSON INC. a Delaware corporation, having an address at 9601 Wilshire Blvd., Suite 220, Beverly Hills, California 90210 (collectively referred to in the singular as “Guarantor”), to BANK MIDWEST N.A., having an office at 1100 Main Street, Kansas City, Missouri 64105-2105 (together with its successors and assigns herein called “Lender”);

GUARANTY OF PAYMENT
Guaranty of Payment • March 29th, 2013 • Allied Nevada Gold Corp. • Gold and silver ores • New York

THIS GUARANTY dated as of March 27, 2013 (this “Guaranty”) is made and entered into by ALLIED NEVADA GOLD CORP, 9790 Gateway Drive, Suite 200 Reno, NV 89521 (hereinafter, referred to as the “Guarantor”), in favor of CATERPILLAR FINANCIAL SERVICES CORPORATION, 2120 West End Avenue, Nashville, Tennessee 37203-0001 (hereinafter referred to as “Caterpillar Financial”), guaranteeing the payment of certain indebtedness (as hereinafter defined) of HYCROFT RESOURCES & DEVELOPMENT INC. (hereinafter referred to as the “Obligor”)

GUARANTY OF PAYMENT
Guaranty of Payment • September 27th, 2005

THIS GUARANTY OF PAYMENT (“this Guaranty”) is made by the undersigned (whether one or more, herein collectively called the “Guarantor”) with SOLID WASTE DISPOSAL AUTHORITY (herein called the “SWDA”):

GUARANTY OF PAYMENT
Guaranty of Payment • December 16th, 2021 • Hall of Fame Resort & Entertainment Co • Services-miscellaneous amusement & recreation • Ohio

This Guaranty of Payment (“Guaranty”) made as of the 15 day of December, 2021 (the “Effective Date”), by Hall of Fame Resort & Entertainment Company, a Delaware corporation (the “Guarantor”), to and for the benefit of ERIEBANK, a division of CNB Bank, a wholly owned subsidiary of CNB Financial Corporation, a Pennsylvania corporation, its successors and assigns (the “Lender”).

GUARANTY OF PAYMENT
Guaranty of Payment • January 3rd, 2008 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • Illinois

This GUARANTY OF PAYMENT dated as of December 10, 2007 (this “Guaranty”), is executed by INLAND AMERICAN REAL ESTATE TRUST, INC., a Maryland corporation (the “Guarantor”), to and for the benefit of LASALLE BANK NATIONAL ASSOCIATION, a national banking association (the “Lender”).

FOURTH AMENDED AND RESTATED GUARANTY OF PAYMENT
Guaranty of Payment • October 28th, 2004 • Kilroy Realty Corp • Real estate investment trusts • New York

FOURTH AMENDED AND RESTATED GUARANTY OF PAYMENT (this “Guaranty”), made as of October 22, 2004, 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, a New York banking corporation, having an office at 707 Travis Street, 6th Floor North, Houston, Texas 77002, as administrative agent (the “Administrative Agent”) for the banks (the “Banks”) listed on the signature pages of the Fourth Amended and Restated Revolving 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, the Administrative Agent, in its capacity as Administrative Agent and Bank, J.P. Morgan Securities Inc., as Joint Lead Arranger and Joint Bookrunner, Banc of America Securities LLC, as Joint Lead Arranger and Joint Bookrunner, Bank of America, N.A., Commerzban

GUARANTY OF PAYMENT
Guaranty of Payment • November 7th, 2003 • Horizon Group Properties Inc • Real estate investment trusts • Illinois

THIS GUARANTY OF PAYMENT (this “Guaranty”) is dated as of November 3, 2003 and given by HORIZON GROUP PROPERTIES, INC., a Maryland corporation (the “Guarantor”), to and for the benefit of PLEASANT LAKE APTS. LIMITED PARTNERSHIP (“Lender”).

GUARANTY OF PAYMENT
Guaranty of Payment • August 8th, 2003 • Vornado Realty Trust • Real estate investment trusts • New York

GUARANTY OF PAYMENT (this “Guaranty”), made as of July 2, 2003, by VORNADO REALTY TRUST, a real estate investment trust organized and existing under the laws of the State of Maryland, having an address at 210 Route 4 East, Paramus, New Jersey 07652-0910 (“Guarantor”), for the benefit of JPMORGAN CHASE BANK (the “Administrative Agent”), as agent for the Banks (the “Banks”) that are from time to time parties to that certain Revolving Credit Agreement (the “Credit Agreement”), dated as of July 2, 2003 among Vornado Realty, L.P. (the “Borrower”), Guarantor, the banks signatory thereto, the Administrative Agent, Bank of America, N.A. and Citicorp North America, Inc., as Syndication Agents and Deutsche Bank Trust Company Americas and Fleet National Bank, as Documentation Agents.

AMENDED AND RESTATED GUARANTY OF PAYMENT
Guaranty of Payment • July 6th, 2021 • Global Self Storage, Inc. • Real estate investment trusts • Illinois

This AMENDED AND RESTATED GUARANTY OF PAYMENT dated as of July 6, 2021 (this “Guaranty”), is executed by GLOBAL SELF STORAGE, INC., a Maryland corporation (the “Guarantor”), to and for the benefit of THE HUNTINGTON NATIONAL BANK, successor by merger to TCF National Bank (the “Lender”).

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