Common use of Contributions and Waivers Clause in Contracts

Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement, each Borrower will benefit, directly and indirectly, from each Borrower's obligation to pay the Debt and perform its Obligations (as defined in the Mortgage) and in consideration therefore each Borrower desires to enter into an allocation and contribution agreement among themselves as set forth in this Section 20.12 to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of Borrowers in the event any payment is made by any individual Borrower hereunder to Lender (such payment being referred to herein as a "CONTRIBUTION," and for purposes of this Section 20.12, includes any exercise of recourse by Lender against any Collateral of a Borrower and application of proceeds of such Collateral in satisfaction of such Borrower's obligations, to Lender under the Loan Documents).

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

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Contributions and Waivers. (a) As a result of the transactions contemplated by this Agreement, each Borrower will benefit, directly and indirectly, from each Borrower's obligation to pay the Debt and perform its Obligations obligations under the Note, this Agreement and the other Loan Documents (as defined in the Mortgage"Obligations") and in consideration therefore each Borrower desires therefor desire to enter into an allocation and contribution agreement among themselves as set forth in this Section 20.12 9.5 to allocate such benefits among themselves and to provide a fair and equitable agreement to make contributions among each of the Borrowers in the event any payment is made by any individual Borrower hereunder to the Lender (such payment being referred to herein as a "CONTRIBUTIONContribution," and for purposes of this Section 20.129.5, includes any exercise of recourse by the Lender against any Collateral of a Borrower and application of proceeds of such Collateral in satisfaction of such Borrower's obligations, to the Lender under the Loan Documents).

Appears in 2 contracts

Samples: Management Agreement (Wyndham International Inc), Loan Agreement (Wyndham International Inc)

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