Common use of Consent to Substitution and Release of Original Indemnitor Clause in Contracts

Consent to Substitution and Release of Original Indemnitor. Subject to the terms and conditions set forth in this Agreement, Lender consents to the Substitution. From and after the date of this Agreement, the Original Indemnitor shall, with respect only to those matters first arising or accruing after the date of this Agreement, be fully released of their liability as the Indemnitor under the Loan Documents, including without limitation, the Indemnity Agreement and Environmental Indemnity Agreement, and the Substitute Indemnitor shall be substituted, in each and every respect, for the Original Indemnitor, in lieu of and in place of the Original Indemnitor with respect to each and every reference to the Indemnitor, in the Loan Documents, including without limitation, the Indemnity Agreement and Environmental Indemnity Agreement. The Original Indemnitor hereby acknowledges and agrees that the release set forth herein shall not be construed to release the Original Indemnitor from any liability under any of the Loan Documents, including, without limitation, the Indemnity Agreement and Environmental Indemnity Agreement, for any acts or events occurring or obligations arising prior to or upon the date of this Agreement, whether or not such acts, events or obligations are, as of the date of this Agreement known or ascertainable.

Appears in 2 contracts

Samples: Reaffirmation, Consent to Transfer and Substitution of Indemnitor (Ramco Gershenson Properties Trust), Reaffirmation, Consent to Transfer and Substitution of Indemnitor (Ramco Gershenson Properties Trust)

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Consent to Substitution and Release of Original Indemnitor. Subject to the terms and conditions set forth in this Agreement, Lender consents to the Substitution. From and after the date of this Agreement, the Original Indemnitor shall, with respect only to those matters first arising or accruing on or after the date of this Agreement, be (and is hereby) fully released of their its liability as the Indemnitor under the Loan Documents, including without limitation, the Indemnity Agreement and Environmental Indemnity Agreement, and the . Substitute Indemnitor shall be substituted, in each and every respect, for the Original Indemnitor, Indemnitor in lieu of and in place of the Original Indemnitor with respect to each and every reference to the Indemnitor, “Guarantor” in the Loan DocumentsDocuments including, including without limitation, the Indemnity Agreement and Environmental Indemnity Agreement. The Original Indemnitor hereby acknowledges and agrees that the release set forth herein in this Section shall not be construed to release the Original Indemnitor from any liability under any of the Loan Documents, including, without limitation, the Indemnity Agreement and Environmental Indemnity Agreement, for any acts or events occurring or obligations arising prior to or upon the date of this Agreement, whether or not such acts, events or obligations are, as of the date of this Agreement Agreement, known or ascertainable.

Appears in 1 contract

Samples: Reaffirmation, Consent to Transfer, Substitution of Indemnitor and Modification of Loan Documents (Behringer Harvard Reit I Inc)

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Consent to Substitution and Release of Original Indemnitor. Subject to the terms and conditions set forth in this Agreement, Lender consents to the Substitution. From and after the date of this Agreement, the Original Indemnitor shall, with respect only to those matters first arising or accruing on or after the date of this Agreement, be (and is hereby) fully released of their its liability as the Indemnitor under the Loan Documents, including without limitation, Indemnity Agreement. Original Indemnitor shall be (and is hereby) fully released of its liability under the Indemnity Agreement and Environmental Indemnity Agreement, and the . Substitute Indemnitor shall be substituted, in each and every respect, for the Original Indemnitor, Indemnitor in lieu of and in place of the Original Indemnitor with respect to each and every reference to the Indemnitor, ” or “Guarantor” in the Loan Documents, including without limitation, the Indemnity Agreement and Environmental Indemnity Agreement. The Original Indemnitor hereby acknowledges and agrees that the release set forth herein shall not be construed to release the Original Indemnitor from any liability under any of the Loan Documents, Documents including, without limitation, the Indemnity Agreement and Environmental Indemnity Agreement, . Original Indemnitor hereby acknowledges and agrees that the release set forth in this Section shall not be construed to release Original Indemnitor from any liability under the Indemnity Agreement for any acts or events occurring or obligations arising prior to or upon the date of this Agreement, whether or not such acts, events or obligations are, as of the date of this Agreement Agreement, known or ascertainable.

Appears in 1 contract

Samples: Reaffirmation, Consent to Transfer, Substitution of Indemnitor and Modification of Loan Documents (Behringer Harvard Reit I Inc)

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