CARVEOUT OBLIGATIONS. The “Carveout Obligations” are (a) the obligation to repay any portion of the Indebtedness evidenced by this Note that arises because the Lender has advanced funds or incurred expenses in respect of any of the “Carveouts” (as defined below), (b) the obligation to repay the entire Indebtedness evidenced by this Note, if the Lender’s exculpation of the Borrower from personal liability under this Section has become void as set forth below, (c) the obligation to indemnify the Lender in respect of its actual damages suffered in connection with any of the Carveouts, and (d) the obligation to defend and hold the Lender harmless from and against any claims, judgments, causes of action or proceedings arising from any of the Carveouts. The “Carveouts” are:
Appears in 7 contracts
Samples: AmREIT, Inc., Davidson Diversified Real Estate I Lp, Consolidated Capital Properties Iv
CARVEOUT OBLIGATIONS. The “Carveout Obligations” are (a) the obligation to repay any portion of the Indebtedness indebtedness evidenced by this Note that arises because the Lender has advanced funds or incurred expenses in respect of from any of the “Carveouts” (as defined below), (b) the obligation to repay the entire Indebtedness indebtedness evidenced by this Note, if the Lender’s exculpation of the Borrower from personal liability under this Section has become void as set forth forfh below, (c) the obligation to indemnify the Lender in respect of its actual damages suffered in connection with any of the Carveouts, and (d) the obligation to defend and hold the Lender harmless from and against any claims, judgments, causes of action or proceedings arising from any of the Carveouts. The “Carveouts” are:
Appears in 1 contract
Samples: NNN Apartment REIT, Inc.