Common use of Guaranty of Payment and Performance Clause in Contracts

Guaranty of Payment and Performance. This is a guarantee of payment and performance and each Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or the Note Purchase Agreement be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty or any other remedy. Any Holder may, at its option, proceed hereunder against any Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company or any other Person and without first resorting to any direct or indirect security for the Notes or for this Guaranty or any other remedy. The liability of each Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder of any direct or indirect security for, or other guaranties of, any Debt, liability or obligation of the Company or any other Person to any Holder or by any failure, delay, neglect or omission by any Holder to realize upon or protect any such guarantees, Debt, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such Holder.

Guaranty of Payment and Performance. This is a guarantee of payment and performance and each Guarantor the Company hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or the Note Purchase this Agreement be brought against the Company Issuer or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty Agreement or any other remedy. Any Holder holder may, at its option, proceed hereunder against any Guarantor the Company in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company Issuer or any other Person and without first resorting to any direct or indirect security for the Notes or for this Guaranty Agreement or any other remedy. The liability of each Guarantor the Company hereunder shall in no way be affected or impaired by any acceptance by any Holder holder of any direct or indirect security for, or other guaranties of, any Debt, liability or obligation of the Company Issuer or any other Person to any Holder holder or by any failure, delay, neglect or omission by any Holder holder to realize upon or protect any such guarantees, Debt, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such Holderholder.

Guaranty of Payment and Performance. This is a guarantee of payment and performance and each the Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or the Note Purchase Agreement be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty or any other remedy. Any Holder may, at its option, proceed hereunder against any the Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company or any other Person and without first resorting to any direct or indirect security for the Notes or for this Guaranty or any other remedy. The liability of each the Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder of any direct or indirect security for, or other guaranties of, any Debt, liability or obligation of the Company or any other Person to any Holder or by any failure, delay, neglect or omission by any Holder to realize upon or protect any such guarantees, Debt, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such Holder.

Guaranty of Payment and Performance. This is a guarantee of payment and performance and each Guarantor the Company hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or the Note Purchase this Agreement be brought against the Company Issuer or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty Agreement or any other remedy. Any Holder holder may, at its option, proceed hereunder against any Guarantor the Company in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company Issuer or any other Person and without first resorting to any direct or indirect security for the Notes or for this Guaranty Agreement or any other remedy. The liability of each Guarantor the Company hereunder shall in no way be affected or impaired by any acceptance by any Holder holder of any direct or indirect security for, or other guaranties of, any DebtIndebtedness, liability or obligation of the Company Issuer or any other Person to any Holder holder or by any failure, delay, neglect or omission by any Holder holder to realize upon or protect any such guarantees, DebtIndebtedness, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such Holderholder.

Guaranty of Payment and Performance. This is a guarantee of payment and performance and each Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or the Note Purchase Agreement be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty or any other remedy. Any Holder may, at its option, proceed hereunder against any Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company or any other Person and without first resorting to any direct or indirect security for the Notes or for this Guaranty or any other remedy. The liability of each Guarantor hereunder shall in no way be affected or impaired by the obligations of any other Guarantor hereunder, any acceptance by any Holder of any direct or indirect security for, or other guaranties of, any DebtIndebtedness, liability or obligation of the Company or any other Person to any Holder or by any failure, delay, neglect or omission by any Holder to realize upon or protect any such guarantees, DebtIndebtedness, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such Holder.

Guaranty of Payment and Performance. This is a guarantee of payment and performance performance, and each the Guarantor hereby waives, to the fullest extent permitted by law, waives any right to require that any action on or in respect of any Note or the Note Purchase Agreement be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty guaranty or any other remedy. Any Holder ; accordingly, the holder of any Note may, at its option, proceed hereunder against any the Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company or any other Person and without first resorting to any direct or indirect security for the Notes Notes, or for this Guaranty guaranty or any other remedy. The liability of each the Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder holder of any Note of any direct or indirect security for, or other guaranties of, any Debtindebtedness, liability or obligation of the Company or any other Person to any Holder holder of any Note or by any failure, delay, neglect or omission by the holder of any Holder Note to realize upon or protect any such guarantees, Debtindebtedness, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, waiver or other action taken, or omitted to be taken taken, by any such Holderholder.

Guaranty of Payment and Performance. This is a guarantee guaranty of payment and performance and each the Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or the Note Purchase Agreement Agreements be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty or any other remedy. Any Holder Noteholder may, at its option, proceed hereunder against any the Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company or any other Person and without first resorting to any direct or indirect security for the Notes or for this Guaranty or any other remedy. The liability of each the Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder Noteholder of any direct or indirect security for, or other guaranties of, any Debtindebtedness, liability or obligation of the Company or any other Person to any Holder Noteholder or by any failure, delay, neglect or omission by any Holder the Noteholder to realize upon or protect any such guarantees, Debtindebtedness, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such HolderNoteholder.

Guaranty of Payment and Performance. This is a guarantee of payment and performance and each the Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or the Note Purchase Agreement be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty or any other remedy. Any Holder may, at its option, proceed hereunder against any the Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company or any other Person and without first resorting to any direct or indirect security for the Notes or for this Guaranty or any other remedy. The liability of each the Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder of any direct or indirect security for, or other guaranties of, any DebtIndebtedness, liability or obligation of the Company or any other Person to any Holder or by any failure, delay, neglect or omission by any Holder to realize upon or protect any such guarantees, DebtIndebtedness, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such Holder.. Xxxxx Property Trust, Inc. Parent Guaranty

Guaranty of Payment and Performance. This is a guarantee of payment and performance and each the Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note, the Note Purchase Agreement or the any Supplemental Note Purchase Agreement be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty or any other remedy. Any Holder may, at its option, proceed hereunder against any the Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company or any other Person and without first resorting to any direct or indirect security for the Notes or for this Guaranty or any other remedy. The liability of each the Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder of any direct or indirect security for, or other guaranties of, any Debt, liability or obligation of the Company or any other Person to any Holder or by any failure, delay, neglect or omission by any Holder to realize upon or protect any such guarantees, Debt, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such Holder.

Guaranty of Payment and Performance. This Subject to Section 8 hereof, this is a an irrevocable, absolute and unconditional guarantee of payment and performance (and each not merely of collection) and the Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or Note, the Note Purchase Agreement or any Security Document be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty or any other remedy. Any Subject to Section 8 hereof, any Holder may, at its option, proceed hereunder against any the Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company or any other Person and without first resorting to any direct or indirect security for the Notes or for this Guaranty or any other remedy. The Except as set forth in Section 8 hereof, the liability of each the Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder of any direct or indirect security for, or other guaranties of, any Debtindebtedness, liability or obligation of the Company or any other Person to any Holder or by any failure, delay, neglect or omission by any Holder to realize upon or protect any such guarantees, Debtindebtedness, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such Holder.

Guaranty of Payment and Performance. This is a guarantee guaranty of payment and performance and each Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or the Note Purchase Agreement Agreements be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty or any other remedy. Any Holder Noteholder may, at its option, proceed hereunder against any Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company Company, any other Guarantor or any other Person and without first resorting to any direct or indirect security for the Notes or for this Guaranty or any other remedy. The liability of each Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder Noteholder of any direct or indirect security for, or other guaranties of, any Debtindebtedness, liability or obligation of the Company Company, any other Guarantor or any other Person to any Holder Noteholder or by any failure, delay, neglect or omission by any Holder the Noteholder to realize upon or protect any such guarantees, Debtindebtedness, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such HolderNoteholder.

Guaranty of Payment and Performance. This is a an irrevocable, absolute and unconditional guarantee of payment and performance and each the Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or the Note Purchase Agreement be brought against the Company IRET or any other Person person or that resort be had to any direct or indirect security for the Notes or for this Guaranty or any other remedy. Any Holder may, at its option, proceed hereunder against any the Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company IRET or any other Person person and without first resorting to any direct or indirect security for the Notes or for this Guaranty or any other remedy. The liability of each the Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder of any direct or indirect security for, or other guaranties of, any Debtdebt, liability or obligation of the Company IRET or any other Person person to any Holder or by any failure, delay, neglect or omission by any Holder to realize upon or protect any such guaranteesguaranties, Debtdebt, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, waiver or other action taken, taken or omitted to be taken by any such Holder.

Guaranty of Payment and Performance. This is a guarantee guaranty of payment and performance performance, and each not of collection, and the Subsidiary Guarantor hereby waives, to the fullest extent permitted by law, waives any right to require that any action on or in respect of any Note the Obligations or the Note Purchase Agreement be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty or any other remedyCompany. Any Holder The Purchasers may, at its their option, proceed hereunder against any the Subsidiary Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company or any other Person and without first resorting to any direct or indirect security for the Notes Obligations or for this Guaranty Amended and Restated Subsidiary Guarantee Agreement, if any, or to any other remedy. The liability of each the Subsidiary Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder the Purchasers of any direct or indirect security for, or other guaranties of, any Debtindebtedness, liability or obligation of the Company or any other Person to any Holder the Purchasers or by any failure, delay, neglect or omission by any Holder the Purchasers to realize upon or protect any such guarantees, Debtindebtedness, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by any such Holderthe Purchasers.

Guaranty of Payment and Performance. This is a guarantee guaranty of payment and performance and not a guaranty of collection, and each Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note or the Note Purchase this Agreement be brought against the Company or any other Person or that resort be had to any direct or indirect security for the Notes or for this Guaranty guaranty or any other remedy. Any Holder holder of any Note may, at its option, proceed hereunder against any Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company or any other Person and without first resorting to any direct or indirect security for the Notes Notes, or for this Guaranty guaranty or any other remedy. The liability of each Guarantor hereunder shall in no way be affected or impaired by any acceptance by any Holder holder of any Note of any direct or indirect security for, or other guaranties of, any Debtindebtedness, liability or obligation of the Company or any other Person to any Holder holder of any Note or by any failure, delay, neglect or omission by any Holder holder of any Note to realize upon or protect any such guarantees, Debtindebtedness, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken taken, by any such Holderholder.

Guaranty of Payment and Performance. This is a an irrevocable, absolute and unconditional guarantee of payment and performance (but not of collection) and each Guarantor hereby waives, to the fullest extent permitted by law, any right to require that any action on or in respect of any Note Loan, the Loan Agreement, any other Loan Document or the Note Purchase Agreement any other Guaranteed Obligation be brought against the Company Borrower or any other Person or that resort be had to any direct or indirect security for the Notes Guaranteed Obligations or for this Guaranty or any other remedy. Any Holder Agent and any Lender may, at its option, proceed hereunder against any Guarantor in the first instance to collect monies when due, the payment of which is guaranteed hereby, without first proceeding against the Company Borrower or any other Person and without first resorting to any direct or indirect security for the Notes Guaranteed Obligations or for this Guaranty or any other remedy. The liability of each Guarantor hereunder shall in no way be affected or impaired by any acceptance by Agent or any Holder Lender of any direct or indirect security for, or other guaranties of, any DebtIndebtedness, liability or obligation of the Company Borrower or any other Person to Agent or any Holder Lender or by any failure, delay, neglect or omission by Agent or any Holder Lender to realize upon or protect any such guarantees, DebtIndebtedness, liability or obligation or any notes or other instruments evidencing the same or any direct or indirect security therefor or by any approval, consent, waiver, or other action taken, or omitted to be taken by Agent or any such Holder.Lender. Guaranty