Payment Guaranty Sample Contracts

PAYMENT GUARANTY
Payment Guaranty • December 19th, 2006 • Asi Technology Corp • Electronic components, nec • Nevada
PAYMENT GUARANTY
Payment Guaranty • July 22nd, 2020 • Corporate Property Associates 18 Global Inc • Real estate investment trusts • New York

THIS PAYMENT GUARANTY (this “Guaranty”) is made as of July 16, 2020 by CORPORATE PROPERTY ASSOCIATES 18 – GLOBAL INCORPORATED, a Maryland corporation having an address at 50 Rockefeller Plaza, 2nd Floor, New York, NY 10020 (“Guarantor”), in favor of W. P. CAREY INC., a Maryland corporation, having an address at 50 Rockefeller Plaza, 2nd Floor, New York, NY 10020 (“Lender”).

RECITALS:
Payment Guaranty • June 15th, 2004 • Inland Western Retail Real Estate Trust Inc • Real estate investment trusts • Maryland
RECITALS
Payment Guaranty • April 7th, 2005 • Medical Properties Trust Inc • Real estate investment trusts • Illinois
TEPCO PAYMENT GUARANTY
Payment Guaranty • December 13th, 2006 • Mirant Corp • Electric services • New York

This PAYMENT GUARANTY, dated as of December 11, 2006 (this “Guaranty”), is made by The Tokyo Electric Power Company, Incorporated, a corporation formed under the laws of Japan (“Guarantor”), in favor of Mirant Asia-Pacific Ventures, Inc., a Delaware corporation (“Ventures”), and Mirant Asia-Pacific Holdings, Inc., a Delaware corporation (“Holdings” and, each of Ventures and Holdings, a “Seller” and together, “Sellers”).

EXECUTION COPY PAYMENT GUARANTY
Payment Guaranty • May 5th, 2020 • New York

This PAYMENT GUARANTY (as amended, modified, supplemented or restated from time to time, this “Guaranty”) is made and entered into by BENEFIT STREET PARTNERS REALTY TRUST, INC., a Maryland corporation, whose address is c/o Benefit Street Partners L.L.C., 9 West 57th Street, Suite 4920, New York, New York 10019 (“Guarantor”), for the benefit of U.S. Bank national association, a national banking association whose address is 13737 Noel Road, Suite 800, Galleria North Tower 1, Dallas, Texas 75240 (“Buyer”) on this June 14, 2017. This Guaranty is made with reference to the following facts (with some capitalized terms being defined below):

PAYMENT GUARANTY Projects Commonly Known as
Payment Guaranty • July 8th, 2013 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Ohio

THIS PAYMENT GUARANTY (“Guaranty”) made as of December 28, 2012, by ADCARE OPERATIONS, LLC, a Georgia limited liability company, having an address of 1145 Hembree Road, Roswell, GA 30076 (“Guarantor”), to and for the benefit of KEYBANK NATIONAL ASSOCIATION, a national banking association, its successors and assigns (“Lender”).

FACTUAL BACKGROUND
Payment Guaranty • May 15th, 1998 • Apartment Investment & Management Co • Real estate investment trusts • Colorado
PAYMENT GUARANTY (Development Loan)
Payment Guaranty • April 11th, 2005 • Wellsford Real Properties Inc • Real estate investment trusts • Colorado

THIS PAYMENT GUARANTY (“Guaranty”) made as of April 6, 2005, by WELLSFORD REAL PROPERTIES, INC., a Maryland corporation (“Guarantor”), to and for the benefit of KEYBANK NATIONAL ASSOCIATION, a national banking association, its successors and assigns (“Lender”).

Contract
Payment Guaranty • July 24th, 2003 • Alterra Healthcare Corp • Services-social services

Notwithstanding the foregoing, the obligations hereunder of Fortress Investment Trust II LLC and Emeritus Corporation shall be subject to and conditioned upon the execution and delivery of a definitive Merger Agreement by the Debtor, the Buyer and the Merger Subsidiary. This letter shall be governed by the laws of the State of New York. Each of the parties hereby agrees that this letter supercedes the Payment Guaranty letter agreement between the parties hereto dated June 23, 2003, which shall be of no further force or effect. [Signature Page Follows]

PAYMENT GUARANTY
Payment Guaranty • April 19th, 2024 • Aqua Power Systems Inc. • Electric services • Oklahoma

THIS PAYMENT GUARANTY (the “Guaranty”) is made this 19th day of May, 2017 (the “Effective Date”), by Tradition Transportation Group Inc, a(n) Indiana Corporation (“Guarantor”), having a notice address of 300 Growth Parkway, Angola, IN 46703, Attention: CEO, in favor of LOVE’S TRAVEL STOPS & COUNTRY STORES, INC., an Oklahoma corporation (“Love’s”), having a notice address of 10610 North Pennsylvania Ave. Oklahoma City, OK 73120, Attention: Credit Department.

PAYMENT GUARANTY
Payment Guaranty • August 4th, 2016 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

This PAYMENT GUARANTY (as amended, modified, supplemented or restated from time to time, this “Guaranty”) is made and entered into by ARES COMMERCIAL REAL ESTATE CORPORATION, a Maryland corporation, whose address is One Wacker Drive, 48th Floor, Chicago, IL 60606 (“Guarantor”), for the benefit of U.S. BANK NATIONAL ASSOCIATION, a national banking association whose address is 13737 Noel Road, Suite 800, Galleria North Tower 1, Dallas, Texas 75240 (“Buyer”) on this August 1, 2016 This Guaranty is made with reference to the following facts (with some capitalized terms being defined below):

PARENT COMPANY PAYMENT GUARANTY
Payment Guaranty • December 13th, 2006 • Mirant Corp • Electric services • New York

THIS PAYMENT GUARANTY (this “Guaranty”), dated as of December 11, 2006, is by Mirant Corporation, a Delaware corporation (“Seller Guarantor”), to and in favor of Tokyo Crimson Energy Holdings Corporation, a company existing and organized under the laws of the Cayman Islands (“Buyer”).

PAYMENT GUARANTY
Payment Guaranty • March 20th, 2015 • Sentio Healthcare Properties Inc • Real estate investment trusts • New York

THIS PAYMENT GUARANTY (“Guaranty”) made as of December 31, 2014, by SUMTER PLACE TRS, LLC, a Delaware limited liability company (“Guarantor”), to and for the benefit of KEYBANK NATIONAL ASSOCIATION, a national banking association, as administrative agent for the benefit of the Lenders, its successors and assigns (“Agent”).

FORM OF PAYMENT GUARANTY
Payment Guaranty • March 4th, 2026 • Biolargo, Inc. • Chemicals & allied products • Delaware

THIS PAYMENT GUARANTY (this “Guaranty”) is made as of the date set forth on the signature page attached hereto, by BioLargo, Inc., a Delaware corporation (“Guarantor”), to and for the benefit of the Lender set forth on the signature page attached hereto (“Lender”).

PAYMENT GUARANTY
Payment Guaranty • October 25th, 2022 • Hall of Fame Resort & Entertainment Co • Services-miscellaneous amusement & recreation • Ohio

This PAYMENT GUARANTY (the “Guaranty”) is executed and delivered as of October 19, 2022 by HOF VILLAGE NEWCO, LLC, a limited liability company organized and existing under the laws of the State of Delaware, with its primary place of business at 2626 Fulton Drive NW, Canton, Ohio 44718 (the “Guarantor”), as guarantor, to and for the benefit of the DIRECTOR OF DEVELOPMENT OF THE STATE OF OHIO, acting on behalf of the State of Ohio (the “Director”), and THE HUNTINGTON NATIONAL BANK, a bank duly organized and validly existing under the laws of the United States of America and qualified to exercise corporate trust powers under the laws of the State of Ohio, as trustee (the “Trustee”) under the Trust Agreement dated as of April 1, 1988, as amended and supplemented from time to time, including by the One Hundred Fortieth Supplemental Trust Agreement dated as of October 1, 2022.

PAYMENT GUARANTY Projects Commonly Known as
Payment Guaranty • July 8th, 2013 • Adcare Health Systems, Inc • Services-skilled nursing care facilities • Ohio

THIS PAYMENT GUARANTY (“Guaranty”) made as of December 28, 2012, by ADCARE HEALTH SYSTEMS, INC., an Ohio corporation, having an address of 1145 Hembree Road, Roswell, GA 30076 (“Guarantor”), to and for the benefit of KEYBANK NATIONAL ASSOCIATION, a national banking association, its successors and assigns (“Lender”).

PAYMENT GUARANTY made by GTJ REIT, INC. and GTJ REALTY, LP, as guarantors, in favor of CAPITAL ONE, NATIONAL ASSOCIATION Dated as of April 8, 2014
Payment Guaranty • April 10th, 2014 • GTJ REIT, Inc. • Real estate investment trusts • New York

This PAYMENT GUARANTY (this “Guaranty”), dated as of April 8, 2014 made by GTJ REIT, INC., a Maryland corporation (“GTJ Reit”), and GTJ REALTY, LP, a Delaware limited partnership (“GTJ Realty”; together with GTJ Reit, jointly and severally, individually and collectively, “Guarantor”), each having an address at c/o GTJ REIT, Inc., 60 Hempstead Avenue, Suite 718, West Hempstead, New York 11552, in favor of CAPITAL ONE, NATIONAL ASSOCIATION (together with its successors and assigns, hereinafter referred to as “Lender”), having an address at 280 Park Avenue, 23rd Floor, New York, New York 10017.

PAYMENT GUARANTY
Payment Guaranty • June 18th, 2012 • California

This PAYMENT GUARANTY (“Guaranty”) is given as of [May 31, 2012], by Desert Health Care District, a [ ] (“Guarantor”), in favor of New Markets Community Capital X, LLC, a Delaware limited liability company, and its successors and assigns (“NMCC Lender”) and LCD New Markets Fund XII, LLC, a Delaware limited liability company, and its successors and assigns (“LCD Lender” and together with the NMCC Lender, the “Lenders”).

Contract
Payment Guaranty • March 1st, 2022 • Allegiant Travel CO • Air transportation, scheduled
PAYMENT GUARANTY made by
Payment Guaranty • May 8th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • New York

This GUARANTY (this “Guaranty”), dated as of May 2, 2007, made by BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Behringer REIT”), having an address at Behringer Harvard Holdings, LLC, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, (“Guarantor”), in favor of CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation (together with its successors and assigns, hereinafter referred to as “Lender”), having an address at 388 Greenwich Street, Floor 11, New York, New York 10013.

ARTICLE I. REPRESENTATIONS AND WARRANTIES
Payment Guaranty • September 28th, 2000 • Edison Schools Inc • Services-educational services • Ohio
DRAFTING NOTE: FOR USE IF BORROWER HAS RECEIVED A FNMA PRICING INCENTIVE IN EXCHANGE FOR AGREEING TO COMPLY WITH SPECIFIC COVENANTS UNDER THE LOAN DOCUMENTS (E.G., SPONSOR-INITIATED AFFORDABILITY RESTRICTIONS, ETC.).]
Payment Guaranty • June 14th, 2022

This PAYMENT GUARANTY (Pricing Incentive Recapture) (this “Guaranty”), dated as of , is executed by the undersigned (“Guarantor”), to and for the benefit of (“Lender”).

April 5, 1999
Payment Guaranty • April 14th, 1999 • National Propane Partners Lp • Retail-retail stores, nec • Delaware

As you are aware, Columbia Propane L.P. (the "Purchaser") has agreed to purchase all the outstanding units of National Propane Partners, L.P. and substantially all the outstanding units of National Propane, L.P. (after such purchase, the "Purchaser OLP") upon the terms and subject to the conditions set forth in the Purchase Agreement dated as of April 5, 1999 among the Purchaser, CP Holdings, Inc. ("Purchaser General Partner"), Columbia Propane Corporation ("Purchaser Holdings"), National Propane Partners, L.P., National Propane Corporation (the "National MGP"), National Propane SGP, Inc. and Triarc Companies, Inc. (the "Agreement"). Columbia Energy Group (the "Guarantor") is the parent of Purchaser General Partner and Purchaser Holdings.

FIRST AMENDMENT TO PAYMENT GUARANTY
Payment Guaranty • December 22nd, 2020 • Corporate Property Associates 18 Global Inc • Real estate investment trusts • Maryland

FIRST AMENDMENT, dated as of December 16, 2020 (this “Amendment”) to the PAYMENT GUARANTY, dated as of July 16, 2020 (as amended, supplemented or otherwise modified prior to the date hereof, the “Payment Guaranty”), between Corporate Property Associates 18 – Global Incorporated, a Maryland corporation (“Guarantor”) and W. P. Carey Inc., a Maryland corporation (“Lender”).

PAYMENT GUARANTY
Payment Guaranty • December 18th, 2008 • Constellation Energy Group Inc • Electric services • New York

This PAYMENT GUARANTY, dated as of December 17, 2008 (this “Guaranty”), is made by Électricité de France SA, a société anonyme organized under the laws of France (“Guarantor”), in favor of Constellation Energy Group, Inc., a corporation organized under the laws of the State of Maryland (“Seller”).

RECITALS
Payment Guaranty • March 31st, 1997 • Apartment Investment & Management Co • Real estate investment trusts
PAYMENT GUARANTY (ACQUISITION SUB FACILITY)
Payment Guaranty • May 15th, 1997 • Apartment Investment & Management Co • Real estate investment trusts • New York
RECITALS
Payment Guaranty • May 6th, 2022 • California

NOW, THEREFORE, intending to be legally bound, Guarantor in consideration of the matters described in the foregoing Recitals, which Recitals are incorporated herein and made a part hereof, hereby covenants and agrees for the benefit of the City and its successors and assigns as follows:

GUARANTY
Payment Guaranty • November 14th, 1996 • Apartment Investment & Management Co • Real estate investment trusts • Colorado
PAYMENT GUARANTY by KENNEDY-WILSON, INC., as Guarantor in favor of THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA as Lender Dated: As of June , 2009 Location: 3810 Wilshire Boulevard, Los Angeles, CA 90010
Payment Guaranty • September 24th, 2009 • Prospect Acquisition Corp • Blank checks

THIS PAYMENT GUARANTY (as amended, modified, restated or supplemented from time to time, this “Guaranty”) is made as of the day of June, 2009, by KENNEDY- WILSON, INC. a Delaware corporation, having an address at 9601 Wilshire Boulevard, Suite 220, Beverly Hills, California 90210 (“Guarantor”), in favor of THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a New York corporation, having an address at 7 Hanover Square, New York, New York 10004 (“Lender”).

PAYMENT GUARANTY
Payment Guaranty • June 7th, 2011

THIS PAYMENT GUARANTY ("Guaranty") is made on «f29», by «f69»«f70»«f71»«f72» (individually and collectively referred to as "Guarantor") for the benefit of «f200»«f201»«f202»«f203» ("Lender"), and is made with reference to the following facts:

FORM OF] PAYMENT GUARANTY
Payment Guaranty • November 20th, 2023 • Marimed Inc. • Medicinal chemicals & botanical products

This PAYMENT GUARANTY (this “Guaranty”) is made as of the 16th day of November, 2023, by MARIMED INC., a Delaware corporation (“Guarantor,” which expression shall include Guarantor’s heirs, successors and assigns), having an address of 10 Oceana Way, Norwood, Massachusetts 02062, for the benefit of NEEDHAM BANK, a Massachusetts co-operative bank, having an address of 1063 Great Plain Avenue, Needham, Massachusetts 02492 (“Lender,” which expression shall include Lender’s successors and assigns).