Escrow Guaranty definition

Escrow Guaranty means the Guarantor's obligation to advance to the Fund, directly or indirectly, the amount necessary to supplement the interest generated by subscription proceeds so as to provide subscribers with an 8% annual, non-compounded return on their subscriptions, calculated from the date the subscriber's proceeds were deposited in the escrow account through the 89th day following the Initial Closing Date (or if the Minimum Number of Shares is not sold, through the date on which the proceeds are released from the escrow account).
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Escrow Guaranty has the meaning provided in 10.02.
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Examples of Escrow Guaranty in a sentence

  • Upon the occurrence of any of the Termination Events specified in Section 7.1 (f), (g), (h) or (i), the Sponsor shall upon demand pay and perform all of the Stabilization Guarantor’s obligations under Sections 2.1(b) and 2.2 of the Stabilization Escrow Guaranty, Escrow and Security Agreement.

  • The Escrow Guaranty, the Cash Flow Guaranty, the Junior Mortgage Loan Guaranty and the Purchase Price Guaranty are binding on the Guarantor, but are limited to its assets.

  • On March 31, 1989, the Fund and the Guarantor entered into that certain Guaranty Agreement (the “Guaranty Agreement”) under which the Guarantor extended certain Guaranties, including an Escrow Guaranty, a Cash Flow Guaranty, a Junior Mortgage Loan Guaranty and a Purchase Price Guaranty.

  • The Escrow Guarantor hereby agrees that its Escrow Guaranty set forth in Section 10.01 shall remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Escrow Guaranty.

  • The Escrow Guarantor hereby waives the benefit of diligence, presentment, demand of payment, filing of claims with a court in the event of insolvency or bankruptcy of the Company, any right to require a proceeding first against the Company, protest, notice and all demands whatsoever and covenants that its Escrow Guaranty will not be discharged except by complete performance of the obligations contained in the Notes, this Indenture and this Escrow Guaranty.

  • This Escrow Guaranty is a guarantee of payment and not of collection.

  • An Event of Default under this Indenture or the Notes shall constitute an event of default under the Escrow Guaranty, and shall entitle the Holders of Notes to accelerate the obligations of the Escrow Guarantor in the same manner and to the same extent as the obligations of the Company.

  • The Escrow Guarantor shall take any and all actions required to cause the Escrow Agreement to create and maintain (to the extent possible under applicable law), as security for the obligations of the Company hereunder and its Escrow Guaranty, a valid and enforceable perfected first priority Lien in and on all the Collateral, in favor of the Trustee for the benefit of the Trustee, predecessor trustees, and the Holders, superior to and prior to the rights of all third persons and subject to no other Liens.

  • Any amount so provided pursuant to the Escrow Guaranty will be repaid in the event funds are available after satisfaction of the Cash Flow Guaranty and the requirements of the Code relating to REIT qualification.

  • If any Holder or the Trustee is required by any court or otherwise to return to the Company or any custodian, trustee, liquidator or other similar official acting in relation to the Company, any amount paid by the Company to the Trustee or such Holder, this Escrow Guaranty, to the extent theretofore discharged, shall be reinstated in full force and effect.