Certain Defenses. Any defense based on the incapacity, lack of authority, death or disability of any other person or entity or the failure of Lender to file or enforce a claim against the estate of any other person or entity in any administrative, bankruptcy or other proceeding.
Appears in 5 contracts
Samples: Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust), Guaranty of Borrower’s Recourse Liabilities (Glimcher Realty Trust), Guaranty (Glimcher Realty Trust)
Certain Defenses. Any defense based on the incapacity, lack of authority, death or disability of any other person or entity or the failure of the Lender to file or enforce a claim against the estate of any other person or entity in any administrative, bankruptcy or other proceeding.;
Appears in 4 contracts
Samples: Guaranty of Payment (Inland Real Estate Corp), Guaranty of Payment (Inland Real Estate Corp), Second Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Life Time Fitness Inc)
Certain Defenses. Any defense based on the incapacity, lack of authority, death or disability of any other person Person or entity or the failure of Lender to file or enforce a claim against the estate of any other person Person or entity in any administrative, bankruptcy or other proceeding.;
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (Asset Capital Corporation, Inc.)
