Common use of GOVERNING LAW & ENFORCEMENT Clause in Contracts

GOVERNING LAW & ENFORCEMENT. This Guaranty shall be governed solely by New York State internal law (disregarding such state’s law on conflict of laws) notwithstanding the location of any Security. Guarantor acknowledges that any restrictions, limitations, and prohibitions set forth in New York Real Property Actions and Proceedings Law Sections 1301 and 1371 that would or might otherwise limit or establish conditions to Buyer’s recovery of a judgment against Guarantor if the Security were located in New York State shall have absolutely no application to Buyer’s enforcement of this Guaranty as against Guarantor, except to the extent that real property Security is located within the State of New York. Guarantor acknowledges that this Guaranty is an “instrument for the payment of money only,” within the meaning of New York Civil Practice Law and Rules Section 3213. In the event of any Proceeding between Seller or Guarantor and Buyer, including any Proceeding in which Buyer enforces or attempts to enforce this Guaranty or the Repurchase Transaction against Seller or Guarantor, or in the event of Guarantor Litigation, Guarantor shall reimburse Buyer for all Legal Costs of such Proceeding.

Appears in 3 contracts

Samples: Parent Guaranty and Indemnity, Parent Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.), Parent Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.)

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GOVERNING LAW & ENFORCEMENT. This Guaranty shall be governed solely by New York State internal law (disregarding such state’s 's law on conflict of laws) notwithstanding the location of any Security. Each Guarantor acknowledges that any restrictions, limitations, and prohibitions set forth in New York Real Property Actions and Proceedings Law Sections 1301 and 1371 that would or might otherwise limit or establish conditions to Buyer’s 's recovery of a judgment against such Guarantor if the Security were located in New York State shall have absolutely no application to Buyer’s 's enforcement of this Guaranty as against such Guarantor, except to the extent that real property Security is located within the State of New York. Each Guarantor acknowledges that this Guaranty is an “instrument for the payment of money only,” within the meaning of New York Civil Practice Law and Rules Section 3213. In the event of any Proceeding between Seller or any Guarantor and Buyer, including any Proceeding in which Buyer enforces or attempts to enforce this Guaranty or the Repurchase Transaction against Seller or any Guarantor, or in the event of Guarantor Litigation, such Guarantor shall reimburse Buyer for all Legal Costs of such Proceeding.

Appears in 2 contracts

Samples: Omnibus Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.), Omnibus Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.)

GOVERNING LAW & ENFORCEMENT. This Guaranty shall be governed solely by New York State internal law (disregarding such state’s 's law on conflict of laws) notwithstanding the location of any Security. Parent Guarantor acknowledges that any restrictions, limitations, and prohibitions set forth in New York Real Property Actions and Proceedings Law Sections 1301 and 1371 that would or might otherwise limit or establish conditions to Buyer’s 's recovery of a judgment against Parent Guarantor if the Security were located in New York State shall have absolutely no application to Buyer’s 's enforcement of this Guaranty as against Parent Guarantor, except to the extent that real property Security is located within the State of New York. Parent Guarantor acknowledges that this Guaranty is an “instrument for the payment of money only,” within the meaning of New York Civil Practice Law and Rules Section 3213. In the event of any Proceeding between Seller or Parent Guarantor and Buyer, including any Proceeding in which Buyer enforces or attempts to enforce this Guaranty or the Repurchase Transaction against Seller or Parent Guarantor, or in the event of Parent Guarantor Litigation, Parent Guarantor shall reimburse Buyer for all Legal Costs of such Proceeding.

Appears in 2 contracts

Samples: Parent Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.), Parent Guaranty and Indemnity (KBS Real Estate Investment Trust, Inc.)

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GOVERNING LAW & ENFORCEMENT. This Guaranty shall be governed solely by New York State internal law (disregarding such state’s law on conflict of laws) notwithstanding the location of any Security. Guarantor acknowledges that any restrictions, limitations, and prohibitions set forth in New York Real Property Actions and Proceedings Law Sections 1301 and 1371 that would or might otherwise limit or establish conditions to Buyer’s recovery of a judgment against Guarantor if the Security were located in New York State shall have absolutely no application to Buyer’s enforcement of this Guaranty as against Guarantor, except to the extent that real property Security is located within the State of New York. Guarantor acknowledges that this Guaranty is an “instrument for the payment of money only,” within the meaning of New York Civil Practice Law and Rules Section 3213. In the event of any Proceeding between Seller or Guarantor and Buyer, including any Proceeding in which Buyer enforces or attempts to enforce this Guaranty or the Repurchase Transaction Transactions against Seller or Guarantor, or in the event of any Guarantor Litigation, Guarantor shall reimburse Buyer for all Legal Costs of such Proceeding.

Appears in 1 contract

Samples: Guaranty (Anthracite Capital Inc)

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