Common use of Actions Omitted Clause in Contracts

Actions Omitted. The absence of any action to enforce any of Lender’s rights under the Loan Documents or available to Lender at law, equity or otherwise, to recover any judgment against Borrower or to enforce a judgment against Borrower under any of the Loan Documents.

Appears in 14 contracts

Samples: Guaranty (Parkway, Inc.), Non Recourse Carveout Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Guaranty (Toys R Us Inc)

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Actions Omitted. The absence of any action to enforce any of Lender’s 's rights under the Loan Documents or available to Lender at law, equity or otherwise, to recover any judgment against Borrower or to enforce a judgment against Borrower under any of the Loan Documents.

Appears in 4 contracts

Samples: Guaranty (Stratus Properties Inc), Guaranty (American Realty Capital - Retail Centers of America, Inc.), Guaranty (Glimcher Realty Trust)

Actions Omitted. The absence of any action to enforce any of Lender’s rights under the Loan Documents or Mortgage Lender’s rights under the Mortgage Loan Documents, or available to Lender or Mortgage Lender at law, equity or otherwise, to recover any judgment against Borrower or any Mortgaged Property Owner or to enforce a judgment against Borrower or any Mortgaged Property Owner under any of the Loan Documents or Mortgage Loan Documents, as the case may be.

Appears in 3 contracts

Samples: Collateral Transfer and Settlement Agreement (KBS Real Estate Investment Trust, Inc.), Collateral Transfer and Settlement Agreement (Gramercy Capital Corp), Guaranty (KBS Real Estate Investment Trust, Inc.)

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Actions Omitted. The absence of any action to enforce any of Lender’s rights under the Loan Documents or Mortgage Lender’s rights under the Mortgage Loan Documents, or available to Lender or Mortgage Lender at law, equity or otherwise, to recover any judgment against Borrower or Property Owner or to enforce a judgment against Borrower under any of the Loan Documents or the Mortgage Loan Documents, as applicable.

Appears in 2 contracts

Samples: Guaranty (New York REIT, Inc.), Guaranty (New York REIT, Inc.)

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