Limited Recourse Guaranty Sample Contracts

Share Cite Term
Link

Embed (HTML)
American Realty Capital New York City REIT, Inc. – Limited Recourse Guaranty (May 11th, 2017)

THIS LIMITED RECOURSE GUARANTY (as the same may be amended, restated, extended or otherwise modified from time to time, this "Guaranty") is made as of this 6th day of March, 2017, by NEW YORK CITY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an address at c/o American Realty Capital New York City REIT, Inc., 106 York Road, Jenkintown, Pennsylvania 19046 ("Guarantor"), in favor of BARCLAYS BANK PLC, a public company registered in England and Wales, having an address at 745 Seventh Avenue, New York, New York 10019 (together with its successors, permitted transferees and/or permitted assigns, collectively, the "Lender").

American Realty Capital New York City REIT, Inc. – Limited Recourse Guaranty (March 10th, 2017)

THIS LIMITED RECOURSE GUARANTY (as the same may be amended, restated, extended or otherwise modified from time to time, this "Guaranty") is made as of this 6th day of March, 2017, by NEW YORK CITY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an address at c/o American Realty Capital New York City REIT, Inc., 106 York Road, Jenkintown, Pennsylvania 19046 ("Guarantor"), in favor of BARCLAYS BANK PLC, a public company registered in England and Wales, having an address at 745 Seventh Avenue, New York, New York 10019 (together with its successors, permitted transferees and/or permitted assigns, collectively, the "Lender").

Bluerock Residential Growth REIT, Inc. – Limited Recourse Guaranty (March 21st, 2016)

THIS LIMITED RECOURSE GUARANTY (this "Guaranty"), is made this 15th day of March, 2016 by and between BLUEROCK RESIDENTIAL GROWTH REIT, INC., a Maryland corporation (the "Guarantor") in favor of WESTERN-SOUTHERN LIFE ASSURANCE COMPANY, an Ohio corporation whose address is 400 Broadway, Cincinnati, Ohio 45202 ("Lender").

American Realty Capital Trust V, Inc. – Limited Recourse Guaranty (August 11th, 2015)

THIS LIMITED RECOURSE GUARANTY ("Guaranty") is made as of this 7th day of August, 2015, by American Finance Trust, Inc., a Maryland corporation, having an address at 106 York Road, Jenkintown, Pennsylvania 19046 (the "Guarantor"), in favor of BARCLAYS BANK PLC, having an address at 745 Seventh Avenue, New York, New York 10019 ("Barclays"), COLUMN FINANCIAL, INC., having an address at 11 Madison Avenue, New York, New York 10010 ("Column"), and UBS REAL ESTATE SECURITIES INC., having an address at 1285 Avenue of the Americas, New York, New York 10019 ("UBS"; together with Barclays, Column and each of their respective successors, transferees and/or assigns, collectively, the "Lender").

Cil&D, Llc – LIMITED RECOURSE GUARANTY AGREEMENT (ECEC Shareholders) (July 1st, 2015)

THIS LIMITED RECOURSE GUARANTY AGREEMENT (this Guaranty), dated as of June 29, 2015, is made by each of the shareholders and security holders of Eagle Crest Energy Company, a California corporation (ECEC), listed on Schedule 1 attached hereto (each shareholder and security holder, a Guarantor and together, the Guarantors), for the benefit of CIL&D, LLC, a Delaware limited liability company (together with its successors and assigns, Lender).

Delta Petroleum Corporation – Limited Recourse Guaranty (April 2nd, 2015)

THIS LIMITED RECOURSE GUARANTY is made as of April 1, 2015 by Hawaii Pacific Energy, LLC, a Delaware limited liability company (herein called Guarantor) in favor of the Secured Parties (as it may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, the Guaranty).

Brookfield DTLA Fund Office Trust Investor Inc. – Limited Recourse Guaranty (March 31st, 2015)

This LIMITED RECOURSE GUARANTY ("Guaranty") is executed effective as of September 10, 2014, by BROOKFIELD DTLA HOLDINGS LLC, a Delaware limited liability company ("Guarantor"), for the benefit of COMPASS BANK, an Alabama banking corporation, as lender, and as Administrative Agent (the "Administrative Agent") for itself and those other Lenders as defined in the Loan Agreement (as defined herein) (together with their successors and assigns, collectively, "Lender" and "Lenders").

Access Integrated Technologies – Contract (March 4th, 2013)
Global Income Trust, Inc. – Limited Recourse Guaranty Agreement (November 2nd, 2011)

THIS LIMITED RECOURSE GUARANTY AGREEMENT (this Guaranty) is executed as of October 27, 2011, by GLOBAL INCOME, LP, a Delaware limited partnership, having an address at 450 South Orange Avenue, Orlando, Florida 32801 (whether one or more collectively referred to as Guarantor), for the benefit of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having an address at 383 Madison Avenue, New York, New York 10179 (Lender).

Global Income Trust, Inc. – Limited Recourse Guaranty Agreement (August 15th, 2011)

THIS LIMITED RECOURSE GUARANTY AGREEMENT (this Guaranty) is executed as of June 28 , 2011, by MACQUARIE CNL INCOME, LP, a Delaware limited partnership, having an address at 450 S. Orange Avenue, Orlando, Florida 32801 (whether one or more collectively referred to as Guarantor), for the benefit of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having an address at 383 Madison Avenue, New York, New York 10179 (Lender).

Franklin Credit Management Corp – Discharge of Limited Recourse Guaranty Franklin Credit Holding Corporation (May 27th, 2011)

WHEREAS, FRANKLIN CREDIT HOLDING CORPORATION (Holding), entered into a Limited Recourse Guaranty dated March 31, 2009 (the Guaranty), with THE HUNTINGTON NATIONAL BANK, as administrative agent (in such capacity, the Administrative Agent) for the Lenders defined below, pursuant to which Holding guaranteed, on a limited recourse basis, the payment of the obligations of Franklin Credit Asset Corporation, Tribeca Lending Corp. and their Subsidiaries as borrowers (collectively the Borrowers), under a certain Amended and Restated Credit Agreement by and among the Borrowers, the financial institutions party thereto from time to time as lenders (collectively, the Lenders), and the Administrative Agent, dated as of March 31, 2009, as amended, restated, supplemented and otherwise modified from time to time prior to the date hereof, the Credit Agreement, and various promissory notes executed in connection with the Credit Agreement;

SmartStop Self Storage, Inc. – Limited Recourse Guaranty (February 3rd, 2011)

THIS LIMITED RECOURSE GUARANTY (Guaranty) is made this 28th day of January, 2011, by STRATEGIC STORAGE TRUST INC., a Maryland corporation (the Guarantor), in favor of CITIGROUP GLOBAL MARKETS REALTY CORP. (including its successors, transferees and assigns, the Lender).

Franklin Credit Management Corp – Exhibit 4.1 RELEASE, CANCELLATION AND DISCHARGE OF LIMITED RECOURSE GUARANTY OF FRANKLIN CREDIT MANAGEMENT CORPORATION (September 23rd, 2010)

WHEREAS, FRANKLIN CREDIT MANAGEMENT CORPORATION (FCMC), entered into a Limited Recourse Guaranty dated March 31, 2009 (the Guaranty), with THE HUNTINGTON NATIONAL BANK, as administrative agent (in such capacity, the Administrative Agent) for the Lenders (as defined below), to guarantee the payment of the obligations of Franklin Credit Asset Corporation, Tribeca Lending Corp. and their Subsidiaries as borrowers (collectively the Borrowers, pursuant to (a) a certain Amended and Restated Credit Agreement by and among the Borrowers, the financial institutions party thereto from time to time as lenders (each, a Lender, and, collectively, the Lenders), and the Administrative Agent, dated as of March 31, 2009, and all amendments, modifications, and supplements thereto from time to time, and (b) various promissory notes executed by the Borrowers dated various dates; and

Franklin Credit Management Corp – First Amendment to Limited Recourse Guaranty (September 23rd, 2010)

THIS FIRST AMENDMENT TO LIMITED RECOURSE GUARANTY (this Amendment), dated as of September 22, 2010, is entered into by and between FRANKLIN CREDIT HOLDING CORPORATION, a Delaware corporation (the Guarantor), and The Huntington National Bank, a national banking association, acting hereunder as contractual representative pursuant to the Credit Agreement for Lenders (Huntington, acting as such contractual representative and any successor or successors to Huntington acting in such capacity, being referred to as the Administrative Agent). All capitalized terms in this Amendment that are not otherwise defined herein shall have the meanings ascribed to such terms in the Guaranty (as defined below).

Trico Marine Services, Inc. – Subordinated Limited Recourse Guaranty (May 19th, 2009)

This SUBORDINATED LIMITED RECOURSE GUARANTY (as amended, restated, supplemented or otherwise modified from time to time, this Guaranty), dated as of May , 2009, is executed and delivered by each of the signatories hereto (other than the Second-Lien Trustee, but together with any other entity that may become a party hereto as provided herein, each a Subordinated Guarantor, and collectively, the Subordinated Guarantors) in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as trustee for the Debentureholders (as defined below) under the Second-Lien Notes Indenture (as defined below) (in such capacity, together with its successors and assigns, if any, in such capacity, the Second-Lien Trustee).

Trico Marine Services, Inc. – Subordinated Limited Recourse Guaranty (May 19th, 2009)

This SUBORDINATED LIMITED RECOURSE GUARANTY (as amended, restated, supplemented or otherwise modified from time to time, this Guaranty), dated as of May 14, 2009, is executed and delivered by each of the signatories hereto (other than the Second-Lien Trustee, but together with any other entity that may become a party hereto as provided herein, each a Subordinated Guarantor, and collectively, the Subordinated Guarantors) in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as trustee for the Debentureholders (as defined below) under the Second-Lien Notes Indenture (as defined below) (in such capacity, together with its successors and assigns, if any, in such capacity, the Second-Lien Trustee).

Trico Marine Services, Inc. – Subordinated Limited Recourse Guaranty (May 19th, 2009)

This SUBORDINATED LIMITED RECOURSE GUARANTY (as amended, restated, supplemented or otherwise modified from time to time, this Guaranty), dated as of May , 2009, is executed and delivered by each of the signatories hereto (other than the Second-Lien Trustee, but together with any other entity that may become a party hereto as provided herein, each a Subordinated Guarantor, and collectively, the Subordinated Guarantors) in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as trustee for the Debentureholders (as defined below) under the Second-Lien Notes Indenture (as defined below) (in such capacity, together with its successors and assigns, if any, in such capacity, the Second-Lien Trustee).

Trico Marine Services, Inc. – Subordinated Limited Recourse Guaranty (May 19th, 2009)

This SUBORDINATED LIMITED RECOURSE GUARANTY (as amended, restated, supplemented or otherwise modified from time to time, this Guaranty), dated as of May 14, 2009, is executed and delivered by each of the signatories hereto (other than the Second-Lien Trustee, but together with any other entity that may become a party hereto as provided herein, each a Subordinated Guarantor, and collectively, the Subordinated Guarantors) in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as trustee for the Debentureholders (as defined below) under the Second-Lien Notes Indenture (as defined below) (in such capacity, together with its successors and assigns, if any, in such capacity, the Second-Lien Trustee).

Trico Marine Services, Inc. – Subordinated Limited Recourse Guaranty (May 12th, 2009)

This SUBORDINATED LIMITED RECOURSE GUARANTY (as amended, restated, supplemented or otherwise modified from time to time, this Guaranty), dated as of May 12, 2009, is executed and delivered by each of the signatories hereto (other than the Second-Lien Trustee, but together with any other entity that may become a party hereto as provided herein, each a Subordinated Guarantor, and collectively, the Subordinated Guarantors) in favor of WELLS FARGO BANK, NATIONAL ASSOCATION, in its capacity as trustee for the Debentureholders (as defined below) under the Second-Lien Notes Indenture (as defined below) (in such capacity, together with its successors and assigns, if any, in such capacity, the Second-Lien Trustee).

Trico Marine Services, Inc. – Subordinated Limited Recourse Guaranty (May 12th, 2009)

This SUBORDINATED LIMITED RECOURSE GUARANTY (as amended, restated, supplemented or otherwise modified from time to time, this Guaranty), dated as of May 12, 2009, is executed and delivered by each of the signatories hereto (other than the Second-Lien Trustee, but together with any other entity that may become a party hereto as provided herein, each a Subordinated Guarantor, and collectively, the Subordinated Guarantors) in favor of WELLS FARGO BANK, NATIONAL ASSOCATION, in its capacity as trustee for the Debentureholders (as defined below) under the Second-Lien Notes Indenture (as defined below) (in such capacity, together with its successors and assigns, if any, in such capacity, the Second-Lien Trustee).

Franklin Credit Management Corp – Limited Recourse Guaranty (April 6th, 2009)

This LIMITED RECOURSE GUARANTY (this Guaranty), dated as of March 31, 2009 (the Effective Date), is made by FRANKLIN CREDIT MANAGEMENT CORPORATION, a Delaware corporation (the Guarantor), in favor of THE HUNTINGTON NATIONAL BANK, a national banking association, as Administrative Agent for the Lenders (as those terms are defined below).

Franklin Credit Management Corp – Limited Recourse Guaranty (April 6th, 2009)

This LIMITED RECOURSE GUARANTY (this Guaranty), dated as of March 31, 2009 (the Effective Date), is made by FRANKLIN CREDIT HOLDING CORPORATION, a Delaware corporation (Holding or the Guarantor), in favor of THE HUNTINGTON NATIONAL BANK, a national banking association, as Administrative Agent for the Lenders (as those terms are defined below).

Asta Funding, Inc. – Subordinated Limited Recourse Guaranty Agreement (February 20th, 2009)

This Subordinated Limited Recourse Guaranty Agreement (this Guaranty) is made and entered into this 20th day of February, 2009, by and between each signatory hereto identified as a Guarantor (each a Guarantor and collectively, the Guarantors), in favor of Asta Group, Incorporated (Asta Group). Terms used herein and not defined herein have the meaning set forth in the Guarantor Security Agreement (as defined below).

Asta Funding, Inc. – Subordinated Limited Recourse Guaranty Agreement (February 20th, 2009)

This Subordinated Limited Recourse Guaranty Agreement (this Guaranty) is made and entered into this 20th day of February, 2009, by and between each signatory hereto identified as a Guarantor (each a Guarantor and collectively, the Guarantors), in favor of BMO Capital Markets Corp. (BCM), as Collateral Agent (the Collateral Agent) on behalf of the Secured Parties. Terms used herein and not defined herein have the meaning set forth in the Receivables Financing Agreement (as defined below) or the Security Agreement (as defined below).

Limited Recourse Guaranty (December 16th, 2008)

This GUARANTY (Guaranty) is made as of the 12th day of December, 2008, by Medallion Funding Corp. (the Guarantor), in favor of Autobahn Funding Company LLC, as lender (the Lender), and DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt am Main, as agent (the Agent), with respect to that certain Loan and Security Agreement, dated as the date hereof (as amended, restated, supplemented or otherwise modified from time to time, the Loan Agreement), among Medallion Taxi Loan Trust III (the Borrower), the Lender and the Agent. Unless otherwise defined herein, capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement.

Pacific Ethanol – Contract (November 10th, 2008)
Behringer Harvard Opportunity REIT I, Inc. – Limited Recourse Guaranty (December 28th, 2007)

THIS LIMITED RECOURSE GUARANTY (this Guaranty), made as of December 20, 2007, by CYPRESS EQUITIES I, LP, a Texas limited partnership, having an address at 15601 Dallas Parkway, Suite 400, Addison, Texas 75001, Attention: Rick Bower (Guarantor) in favor of BEHRINGER HARVARD RI LENDER, LLC, a Delaware limited liability company (Behringer).

American Land Lease, Inc. – Pledge Agreement and Limited Recourse Guaranty (July 30th, 1998)