Common use of Nature of Guaranty Clause in Contracts

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer and any subsequent assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereof.

Appears in 4 contracts

Samples: Guaranty Agreement (Colony NorthStar Credit Real Estate, Inc.), Guaranty Agreement (NorthStar Real Estate Income Trust, Inc.), Guaranty Agreement (NorthStar Real Estate Income II, Inc.)

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Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Lender and any subsequent assignee holder of Buyer permitted under the Repurchase Agreement Note (or any part thereof or interest therein) and shall not be discharged by the assignment or negotiation of all or part thereofof the Note.

Appears in 3 contracts

Samples: Guaranty (Brixmor Property Group Inc.), Guaranty (Brixmor Property Group Inc.), Senior Mezzanine Guaranty (Brixmor Property Group Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Purchaser and any subsequent successor, endorsee, transferee or assignee of Buyer permitted under the Master Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereof.

Appears in 3 contracts

Samples: Guaranty (Claros Mortgage Trust, Inc.), Guaranty (Claros Mortgage Trust, Inc.), Guaranty (Resource Capital Corp.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer and any subsequent assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereof.

Appears in 3 contracts

Samples: Ground Lease, Ground Lease, Ground Lease

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Purchaser and any subsequent successor, indorsee, transferee or assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereof.

Appears in 3 contracts

Samples: Guaranty (Starwood Credit Real Estate Income Trust), Guaranty (RAIT Financial Trust), Guaranty (RAIT Financial Trust)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor and after (if Guarantor is a natural person) Guarantor. This ’s death (in which event this Guaranty may shall be enforced by Buyer binding upon Guarantor’s estate, legal representatives and any subsequent assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereofheirs).

Appears in 3 contracts

Samples: Strategic Storage Trust VI, Inc., Strategic Storage Trust VI, Inc., Guaranty (FelCor Lodging Trust Inc)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and if Guarantor is a natural person, shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This 's death (in which event this Guaranty may shall be enforced by Buyer binding upon Guarantor's estate and any subsequent assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereofheirs).

Appears in 3 contracts

Samples: Guaranty of Recourse Obligations (Nexpoint Diversified Real Estate Trust), Completion Guaranty (Nexpoint Diversified Real Estate Trust), And Master Lease (Nexpoint Diversified Real Estate Trust)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer and any subsequent assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereof.

Appears in 3 contracts

Samples: Guaranty Agreement (KKR Real Estate Finance Trust Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.), Guaranty Agreement (KKR Real Estate Finance Trust Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising so long as the Notes are outstanding or created after any attempted revocation by Guarantorunless Guarantor is otherwise released from its obligations under this Guaranty pursuant to the Loan Documents. This Subject to the terms of Section 1.10 below, this Guaranty may shall automatically terminate upon the payment in full of the Notes, and Guarantor shall no longer be enforced by Buyer and any subsequent assignee of Buyer permitted under responsible for the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereofGuaranteed Obligations.

Appears in 2 contracts

Samples: Guaranty Agreement (Cil&d, LLC), Guaranty Agreement (Cil&d, LLC)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Xxxxx and any subsequent successor, endorsee, permitted transferee or permitted assignee of Buyer permitted under the Master Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereofthereof in compliance with the Program Documents.

Appears in 2 contracts

Samples: FS Credit Real Estate Income Trust, Inc., FS Credit Real Estate Income Trust, Inc.

Nature of Guaranty. This Guaranty is intended to be an irrevocable, absolute, absolute and continuing guarantee of payment and performance and is not merely a guaranty guarantee of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer and any subsequent assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereofof the Guaranteed Obligations.

Appears in 2 contracts

Samples: Linked Revolving Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), Linked Revolving Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Class A Lender and any subsequent successor, endorsee, transferee or assignee of Buyer permitted under the Repurchase Indenture and Credit Agreement and shall not be discharged by the assignment or negotiation of all or part thereof.

Appears in 1 contract

Samples: Guaranty (Granite Point Mortgage Trust Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance by the Guarantors, and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising so long as the Senior Note is outstanding or created after any attempted revocation by Guarantorunless the Guarantors are otherwise released from their obligations under this Guaranty pursuant to the Loan Documents. This Notwithstanding anything to the contrary contained herein, this Guaranty may shall automatically terminate upon the payment in full of the Senior Note, and the Guarantors shall no longer be enforced by Buyer and any subsequent assignee of Buyer permitted under responsible for the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereofGuaranteed Obligations.

Appears in 1 contract

Samples: Limited Recourse Guaranty Agreement (Cil&d, LLC)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created Obligation existing after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Lender and any subsequent assignee holder of Buyer permitted under any of the Repurchase Agreement Notes and shall not be discharged by the assignment or negotiation of all or part thereofof the Obligor Loan Documents.

Appears in 1 contract

Samples: Guaranty Agreement (JetPay Corp)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Purchaser and any subsequent successor, endorsee, permitted transferee or permitted assignee of Buyer permitted under the Master Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereofthereof in compliance with the Transaction Documents.

Appears in 1 contract

Samples: Guaranty (FS Credit Real Estate Income Trust, Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Purchaser and any subsequent successor, endorsee, transferee or assignee of Buyer Purchaser permitted under the Master Repurchase Agreement and shall not be discharged by the such permitted assignment or negotiation of all or part thereof.. (c)

Appears in 1 contract

Samples: www.sec.gov

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Class A Lender and any subsequent successor, endorsee, transferee or assignee of Buyer permitted under the Repurchase Agreement Indenture and shall not be discharged by the assignment or negotiation of all or part thereof.

Appears in 1 contract

Samples: Guaranty (Terra Property Trust, Inc.)

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Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Administrative Agent and any subsequent assignee of Buyer permitted Administrative Agent under the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereof.

Appears in 1 contract

Samples: Guaranty Agreement (KKR Real Estate Finance Trust Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty The fact that at any time or from time to time the Guaranteed Obligations may be enforced by Buyer and any subsequent assignee of Buyer permitted under the Repurchase Agreement and increased or reduced shall not be discharged by release or discharge the assignment or negotiation obligation of all or part thereofGuarantor to the Lender Group with respect to the Guaranteed Obligations.

Appears in 1 contract

Samples: Limited Guaranty (LIVE VENTURES Inc)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Purchaser and any subsequent successor, endorsee, transferee or assignee of Buyer Purchaser permitted under the Repurchase Agreement and shall not be discharged by the such permitted assignment or negotiation of all or part thereof.

Appears in 1 contract

Samples: Guaranty (Colony Credit Real Estate, Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Carveout Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Lender and any subsequent assignee holder of Buyer either Note permitted under the Repurchase Loan Agreement and shall not be discharged by the assignment or negotiation of all or part thereofof either Note, in each case made in accordance with the Loan Agreement.

Appears in 1 contract

Samples: Sentio Healthcare Properties Inc

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer and any subsequent assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the such permitted assignment or negotiation of all or part thereof.

Appears in 1 contract

Samples: Guaranty (Blackstone Mortgage Trust, Inc.)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee of payment unconditional, continuing, direct and performance immediate guaranty and not a guaranty of collection. This Guaranty may not be revoked is no way conditioned upon or limited by Guarantor and shall continue to be effective with respect to or in any Guaranteed Obligations arising other way affected by any defense asserted or created after any attempted revocation claimed by Guarantor. This The obligations of Guarantor under this Guaranty may be enforced by Buyer and any subsequent assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the assignment subject to any counterclaim, recoupment, setoff, reduction or negotiation of all or part thereofdefense based upon any claim that Guarantor may have against Town.

Appears in 1 contract

Samples: Guaranty Agreement

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising so long as the Senior Note is outstanding or created after any attempted revocation by Guarantorunless Guarantor is otherwise released from its obligations under this Guaranty pursuant to the Loan Documents. This Subject to the terms of Section 1.10 below, this Guaranty may shall automatically terminate upon the payment in full of the Senior Note, and Guarantor shall no longer be enforced by Buyer and any subsequent assignee of Buyer permitted under responsible for the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereofGuaranteed Obligations.

Appears in 1 contract

Samples: Guaranty Agreement (Cil&d, LLC)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor Guarantors and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by GuarantorGuarantors. This Guaranty may be enforced by Buyer and any subsequent assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereof.

Appears in 1 contract

Samples: Guaranty (Gramercy Capital Corp)

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee a guaranty of payment and ------------------ performance and not merely a guaranty of collection. This Guaranty may If any Obligation is not be revoked by Guarantor satisfied when due, Franchising shall forthwith satisfy such Obligation upon demand, and no such satisfaction shall continue to be effective with respect to any Guaranteed discharge the obligations of Franchising hereunder until all Obligations arising or created after any attempted revocation by Guarantorhave been satisfied in full. This Guaranty may shall be enforced by Buyer and any subsequent assignee of Buyer permitted under the Repurchase Agreement a continuing guaranty and shall not be discharged by the assignment or negotiation of binding upon Franchising until any and all or part thereofObligations have been performed and paid in full.

Appears in 1 contract

Samples: Choice Hotels Franchising Inc

Nature of Guaranty. This Guaranty is an irrevocable, absolute, continuing guarantee guaranty of payment and performance and not a guaranty of collection. This Guaranty may not be revoked by Guarantor and shall continue to be effective with respect to any Guaranteed Obligations arising or created after any attempted revocation by Guarantor. This Guaranty may be enforced by Buyer Purchaser and any subsequent successor, endorsee, transferee or assignee of Buyer permitted under the Repurchase Agreement and shall not be discharged by the assignment or negotiation of all or part thereof.

Appears in 1 contract

Samples: ARC Realty Finance Trust, Inc.

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