Care and Diligence. The failure of the Class A Member or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, but not limited to, any neglect, delay, omission, failure or refusal of the Class A Member (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 10 contracts
Samples: Bad Boy Guaranty (W2007 Grace Acquisition I Inc), Loan Agreement (W2007 Grace Acquisition I Inc), Mandatory Redemption Guaranty (W2007 Grace Acquisition I Inc)
Care and Diligence. The failure of the Class A Member Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, but not limited to, any neglect, delay, omission, failure or refusal of the Class A Member Lender or any other party (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (iib) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iiic) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 3 contracts
Samples: Third Mezzanine Closing Guaranty of Completion (Morgans Hotel Group Co.), Guaranty of Completion (Morgans Hotel Group Co.), Guaranty of Completion (Morgans Hotel Group Co.)
Care and Diligence. The failure of the Class A Member Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, but not limited to, any neglect, delay, omission, failure or refusal of the Class A Member Lender (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (iib) to foreclose, or initiate any action to Pool 2 foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iiic) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)
Care and Diligence. The failure of the Class A Member Indenture Trustee or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of the Class A Member Indenture Trustee (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.. 116991368\V-8
Appears in 1 contract
Samples: Sponsor Guaranty (Cim Real Estate Finance Trust, Inc.)