Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, payments, claims and/or distributions which are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 23 contracts
Sources: Guaranty (Alexanders Inc), Guaranty of Recourse Obligations (Alexanders Inc), Limited Recourse Guaranty (Generation Income Properties, Inc.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that any Guarantor should receive any funds, payments, claims and/or distributions which are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or distributions so receivedreceived and not previously paid to Lender, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.
Appears in 11 contracts
Sources: Guaranty (Hospitality Investors Trust, Inc.), Mezzanine Guaranty (Hospitality Investors Trust, Inc.), Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that any Guarantor should shall receive any funds, payments, claims and/or or distributions which are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.
Appears in 8 contracts
Sources: First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Guaranty Agreement (Morgans Hotel Group Co.), Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should shall receive any funds, payments, claims and/or distributions which are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 8 contracts
Sources: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)
Payments Held in Trust. Notwithstanding If, notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, paymentspayment, claims and/or distributions claim or distribution which are is prohibited by this Guarantyhereunder, Guarantor covenants and agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and Guarantor acknowledges and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or or distributions so received received, except to pay such funds, payments, claims and/or distributions them promptly to Lender, and Guarantor hereby covenants and agrees promptly to pay the same to Lender.
Appears in 7 contracts
Sources: Guaranty of Recourse Obligations (Stratus Properties Inc), Guaranty of Recourse Obligations (Strategic Storage Trust VI, Inc.), Guaranty of Recourse Obligations (Strategic Storage Trust VI, Inc.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should shall receive any funds, payments, claims and/or or distributions which are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 7 contracts
Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)
Payments Held in Trust. Notwithstanding In the event that, notwithstanding anything to the contrary contained in this Guaranty, in the event that any Guarantor should shall receive any funds, payments, claims and/or or distributions which are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or or distributions so received except to pay such funds, payments, claims and/or distributions them promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.
Appears in 5 contracts
Sources: Guaranty of Completion (Morgans Hotel Group Co.), Third Mezzanine Closing Guaranty of Completion (Morgans Hotel Group Co.), Loan Agreement (Morgans Hotel Group Co.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that any Guarantor should receive any funds, payments, claims and/or distributions which are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.
Appears in 4 contracts
Sources: Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Generation Income Properties, Inc.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, payments, claims and/or distributions which are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender until the Loan is repaid in full an amount equal to the amount of all funds, payments, claims and/or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 3 contracts
Sources: Guaranty of Recourse Obligations (Bloomin' Brands, Inc.), Guaranty of Recourse Obligations (Bloomin' Brands, Inc.), Guaranty of Recourse Obligations (Bloomin' Brands, Inc.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in In the event that that, notwithstanding Sections 4.01 and 4.02 above, Guarantor should receive any fundsfunds payment, paymentsclaim, claims and/or distributions or distribution which are is prohibited by this Guarantysuch Sections, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or claims, or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or claims, or distributions so received except to pay received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or claims, or distributions except to pay them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 3 contracts
Sources: Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)
Payments Held in Trust. Notwithstanding In the event that, notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, paymentspayment, claims and/or distributions claim or distribution which are is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it Guarantor shall have absolutely no dominion over the amount of such funds, payments, claims and/or or distributions so received except to pay such funds, payments, claims and/or distributions them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 3 contracts
Sources: Guaranty of Completion and Non Recourse Carve Outs (Sentio Healthcare Properties Inc), Guaranty (Carter Validus Mission Critical REIT, Inc.), Guaranty (Grubb & Ellis Healthcare REIT II, Inc.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that the Guarantor should shall receive any funds, payments, claims and/or or distributions which are prohibited by this Guaranty, the Guarantor agrees to hold in trust for Lender the Agent, an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lenderthe Agent, and the Guarantor covenants promptly to pay the same to Lenderthe Agent.
Appears in 2 contracts
Sources: Guaranty (Emrise CORP), Guaranty (Emrise CORP)
Payments Held in Trust. Notwithstanding Until receipt by Lender of payment in full of the Obligations, in the event that, notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, paymentspayment, claims and/or distributions claim or distribution which are is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or or distributions so received except to pay such funds, payments, claims and/or distributions them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 2 contracts
Sources: Guaranty Agreement (Griffin Capital Essential Asset REIT II, Inc.), Guaranty Agreement (Griffin Capital Essential Asset REIT, Inc.)
Payments Held in Trust. Notwithstanding In the event that, notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, paymentspayment, claims and/or distributions claim or distribution which are is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 2 contracts
Sources: Guaranty (Ionis Pharmaceuticals Inc), Guaranty (Ionis Pharmaceuticals Inc)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that any Guarantor should shall receive any funds, payments, claims and/or or distributions which are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 2 contracts
Sources: Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.), Guaranty of Recourse Obligations (Unsecured) (Inland Diversified Real Estate Trust, Inc.)
Payments Held in Trust. Notwithstanding In the event that, notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, paymentspayment, claims and/or distributions claim or distribution which are is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so receivedreceived in violation of this Guaranty, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or or distributions so received except to pay such funds, payments, claims and/or distributions them promptly to Lender, and Guarantor covenants promptly to pay the same to LenderLender to the extent of any unpaid Guaranteed Obligations.
Appears in 2 contracts
Sources: Guaranty Agreement (Five Point Holdings, LLC), Mezzanine Guaranty Agreement (Five Point Holdings, LLC)
Payments Held in Trust. Notwithstanding In the event that, notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, payments, claims and/or distributions which are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 1 contract
Sources: Guaranty
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that any Guarantor should shall receive any funds, payments, claims and/or or distributions which are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.
Appears in 1 contract
Sources: Guaranty (Assisted 4 Living, Inc.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that a Guarantor should shall receive any funds, payments, claims and/or or distributions which are prohibited by this Guaranty, such Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and such Guarantor covenants promptly to pay the same to Lender.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, payments, claims and/or or distributions which are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 1 contract
Sources: Non Recourse Guaranty (Net Element International, Inc.)
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that any Guarantor should receive any shall receiveany funds, payments, claims and/or or distributions which are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or β distributions so received except to pay such funds, payments, claims and/or distributions promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 1 contract
Sources: Completion Guaranty Agreement (Lodging Fund REIT III, Inc.)
Payments Held in Trust. Notwithstanding In the event that, notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, paymentspayment, claims and/or distributions claim or distribution which are is prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender an amount equal to the amount of all funds, payments, claims and/or or distributions so received, and agrees that it shall have absolutely no dominion over the [23525-0009-000000/SB043500.178] --GUARANTY amount of such funds, payments, claims and/or or distributions so received except to pay such funds, payments, claims and/or distributions them promptly to Lender, and Guarantor covenants promptly to pay the same to Lender.
Appears in 1 contract
Sources: Guaranty (Emeritus Corp\wa\)
Payments Held in Trust. Notwithstanding If notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, paymentspayment, claims and/or distributions which are claim, or distribution that is prohibited by this Guaranty, then (a) Guarantor agrees to hold in trust for the Lender an amount equal to the amount of all funds, payments, claims and/or claims, or distributions so received, and (b) Guarantor agrees that it shall will have absolutely no dominion over the amount of such funds, payments, claims and/or claims, or distributions so received except to pay such funds, payments, claims and/or distributions them promptly to the Lender, and (c) Guarantor covenants to pay them promptly to pay the same to Lender.
Appears in 1 contract
Payments Held in Trust. Notwithstanding anything to the contrary contained in this Guaranty, in the event that Guarantor should receive any funds, payments, claims and/or distributions which are prohibited by this Guaranty, Guarantor agrees to hold in trust for Lender Seller an amount equal to the amount of all funds, payments, claims and/or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims and/or distributions so received except to pay such funds, payments, claims and/or distributions promptly to LenderSeller, and Guarantor covenants promptly to pay the same to LenderSeller.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Cottonwood Multifamily Opportunity Fund, Inc.)