GUARANTY OF LEASE. THIS GUARANTY OF LEASE (“Guaranty”) is entered into as of July 5, 2019, by Ascend Wellness Holdings, LLC, an Illinois limited liability company (“Guarantor”), for the benefit of LCR 1014 EASTPORT PLAZA, LLC (“Lessor”), with reference to the following facts: Lessor and HealthCentral Illinois Holdings, LLC (“Lessee”), have entered or will enter into a lease of even date herewith (the “Lease”). Capitalized terms used but not otherwise defined herein shall have the same meaning ascribed to them in the Lease. By its covenants herein set forth, Guarantor has induced Lessor to enter into the Lease, which was made and entered into in consideration for Guarantor’s said covenants. Subject to the terms set forth herein, Guarantor unconditionally guarantees, without deduction by reason of setoff, defense or counterclaim, to Lessor and its successors and assigns the full and punctual payment (and not merely the collectability), performance and observance by Lessee, of all of the amounts, terms, covenants and conditions in the Lease contained on Lessee’s part to be paid, kept, performed and observed. Notwithstanding the foregoing, in no event shall the scope of Guarantor’s obligations exceed Lessee’s obligations under the Lease except to the extent Lessee is relieved of any such obligation by reason of any bankruptcy or other like filing or order. If Lessee shall at any time default in the punctual payment, performance and observance of any of the amounts, terms, covenants or conditions in the Lease contained on Lessee’s part to be paid, kept, performed and observed (after applicable notice and cure period), Guarantor will pay, keep, perform and observe same, as the case may be, in the place and stead of Lessee. Guarantor shall also pay to Lessor all reasonable and necessary incidental damages and expenses incurred by Lessor as a direct and proximate result of Lessee’s failure to perform, which expenses shall include reasonable attorneys’ fees and interest on all sums due and owing Lessor by reason of Lessee’s failure to pay same, at the maximum rate allowed by law. Any act of Lessor, or its successors or assigns, consisting of a waiver of any of the terms or conditions of the Lease, the giving of any consent to any matter or thing relating to the Lease, or the granting of any indulgence or extension of time to Lessee may be done without notice to Guarantor and without releasing Guarantor from any of its obligations hereunder. The obligations of Guarantor hereunder shal...
GUARANTY OF LEASE. This Lease is subject to and conditional upon Tenant’s delivery to Landlord concurrently with Tenant’s execution and delivery of this Lease, of a guaranty of lease (the “Guaranty”) fully executed and binding upon Coinstar, Inc., a Delaware corporation, as guarantor (“Guarantor”). Said Guaranty shall be in the form and upon the terms contained in Exhibit “E” attached hereto and made a part hereof. Tenant or Guarantor shall have the option to substitute for the Guaranty, an unconditional, irrevocable and renewable letter of credit (“Letter of Credit”) in favor of Landlord issued by a financial institution reasonably satisfactory to Landlord in the amount of the Liability Amount specified in the Guaranty, which amount may be reduced at the same times, and subject to the same terms and conditions, and to the same amounts as the Liability Amount may be reduced under the Guaranty (as if the Guaranty was still in effect). Tenant or Guarantor (as applicable) shall be responsible for all expenses, points and/or fees incurred by Tenant in obtaining the Letter of Credit. If the issuer of the Letter of Credit is declared to be insolvent by the Federal Deposit Insurance Corporation (or any comparable institution) or becomes a debtor in any case or proceeding under the Bankruptcy Code or any similar statute, or ceases to conduct business for any reason, Landlord may so notify Tenant, in which case Tenant shall, within five (5) business days after such notice from Landlord, provide Landlord with a new Letter of Credit which otherwise meets the requirements hereof. If (A) the term of the Letter of Credit will expire prior to the end of the initial Term of this Lease and the Letter of Credit is not extended, or a new Letter of Credit for an extended period of time is not substituted, in either case at least twenty-five (25) days prior to the expiration of the Letter of Credit, or (B) a monetary Event of Default occurs under this Lease or Tenant files a voluntary petition under Title 11 of the United States Code (i.e., the Bankruptcy Code), or otherwise becomes a debtor in any case or proceeding under the Bankruptcy Code, as now existing or as hereinafter amended or any similar law or statute, Landlord may draw upon the Letter of Credit and the proceeds received from such draw shall constitute Landlord’s property (and not Tenant’s property or the property of the bankruptcy estate of Tenant) and Landlord may then use, apply or retain all or any part of the proceeds for amoun...
GUARANTY OF LEASE. The Landlord has entered into this Lease in reliance upon the Unconditional Guaranty of Payment and Performance by the Guarantor in favor of Landlord dated of even date herewith (the "Guaranty"), pursuant to which the Guarantor has unconditionally guaranteed all of the obligations of the Tenant under this Lease, including without limitation the covenants of Tenant in Sections 4.4 and Section 4.6 hereof, and all of the additional covenants of Tenant in Article 20 hereof.
GUARANTY OF LEASE. THIS GUARANTY OF LEASE is made as of the 25th day of July, 2016, by JFROG LTD., an Israeli Corporation (“Guarantor”), in favor of 270 E. Caribbean LLC (“Landlord”). In consideration of the sum of $10.00 paid by Landlord to the undersigned, and as an inducement to the execution of the Lease by Landlord, Guarantor, intending to be legally bound hereby (and hereby acknowledging that it has a material economic or other interest in Tenant and/or the operations of Tenant and shall therefore derive substantial benefit from Landlord’s and Xxxxxx’s entry into the Lease), absolutely and unconditionally, jointly and severally, guarantees the prompt, complete, and full and punctual payment, observance, and performance of all the terms, covenants, and conditions provided to be paid, kept, and performed by the tenant under that certain Lease (such lease, as amended, being herein referred to as the “Lease”), dated of even date herewith between Landlord and JFrog, Inc., a Delaware corporation, as Tenant (“Tenant”), covering certain premises located at 000 Xxxx Xxxxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000, and all renewals, amendments, expansions, and modifications of the Lease. Guarantor agrees that this Guaranty shall be binding upon Guarantor without any further notice of acceptance hereof, and that same shall be deemed to have been accepted by the execution of the Lease; and that immediately upon each and every default by Tenant under the Lease, Guarantor shall pay to Landlord the sum or sums in default and shall comply with and perform all the terms, covenants and conditions of the Lease that are binding upon Tenant pursuant to the Lease. Guarantor expressly waives (a) presentment for payment, demand, notice of demand and dishonor, protest, and notice of protest and nonpayment or nonperformance of the obligations; and (b) diligence in: (i) enforcing payment or performance of, or collecting, the obligations; (ii) exercising its rights or remedies under the Lease; or (iii) bringing suit against Tenant or any other party. Landlord shall be under no obligation: (a) to notify Guarantor of: (i) its acceptance of this Guaranty; or (ii) the failure of Tenant to timely pay or perform any of the obligations. To the full extent allowed by applicable law, Guarantor waives all defenses: (a) given to sureties or guarantors at law or in equity, other than the actual payment and performance of the obligations; and (b) based upon questions as to the validity, legality, or enforceabili...
GUARANTY OF LEASE. Letter of Credit Agreement and Development Agreement dated as of July 30, 1996 by the Guarantor in favor of NHP.
GUARANTY OF LEASE. This Guaranty of Lease (this “Guaranty”), dated as of , 20 , is made by , a (together with any entity succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, “Guarantor”) for the benefit of VENTAS REALTY, LIMITED PARTNERSHIP, a Delaware limited partnership (herein together with its respective successors and assigns as owners of the property hereinafter described, called “Landlord”). Landlord, [Kindred Healthcare, Inc., a Delaware corporation formerly known as Vencor, Inc. (“Kindred”), and Kindred Healthcare Operating, Inc., a Delaware corporation formerly known as Vencor Operating, Inc. (“Operator” and, together with Kindred, “Tenant”)]1 are parties to that certain Master Lease Agreement No. 5 dated as of May 23, 2012 (as may have been or may be amended from time to time, the “Lease”), pursuant to which, effective as of the Effective Date (as defined therein), Tenant has leased or has agreed to lease from Landlord the Land described in the Lease, the improvements located on said Land and the other components of the Leased Properties (collectively, the “Property”). Initially capitalized terms used but not defined herein shall have the respective meanings ascribed to such terms in the Lease. In accordance with the provisions of the Lease, Tenant wishes to engage in a Kindred Change of Control Transaction whereby Guarantor shall become the Seniormost Parent and, as a condition to the consummation of such Kindred Change of Control Transaction, Guarantor has agreed to enter into this Guaranty. The lease of the Property to Tenant is of direct benefit to Guarantor. This Guaranty reasonably may be expected to benefit, directly or indirectly, Guarantor.
GUARANTY OF LEASE. 66 21.27 Guaranty of ARC-Related Leases....................................................................66
GUARANTY OF LEASE. No Guaranty of Lease is made a part hereof.
GUARANTY OF LEASE. In order to induce Landlord to execute this Lease, Tenant has agreed to deliver to Landlord a Restated Guaranty of Lease, in the form attached hereto as Exhibit E, from Willxxx X. Xxxxxx, Xxbexx X. Xxxxxx xxx Petex X. Xxxxxxx.
GUARANTY OF LEASE. THIS GUARANTY OF LEASE, dated as of , by and from , a having an address at (“Guarantor”), with respect to that certain Second Amended and Restated Master Lease Agreement No. 4, dated as of (the “Lease”), between Ventas Realty, Limited Partnership, a Delaware limited partnership (“Lessor”), and Kindred Healthcare, Inc., a Delaware corporation and Kindred Healthcare Operating, Inc., a Delaware corporation (collectively, “Tenant”), covering the Leased Properties (as defined in the Lease) identified therein, including, without limitation, that certain Leased Property more particularly described on Exhibit A attached hereto (the “Premises”), all or a portion of which is subleased by Tenant to Guarantor.
