Common use of Full Personal Liability for Mortgage Loan Clause in Contracts

Full Personal Liability for Mortgage Loan. Borrower shall be personally liable to Lender for the repayment of all of the Indebtedness, and the Mortgage Loan shall be fully recourse to Borrower, upon the occurrence of any of the following: failure by Borrower to comply with the single-asset entity requirements of Section 4.02(d) of this Loan Agreement; a Transfer (other than a conveyance of the Mortgaged Property at a Foreclosure Event pursuant to the Security Instrument and this Loan Agreement) that is not permitted under this Loan Agreement or any other Loan Document; the occurrence of any Bankruptcy Event (other than an acknowledgement in writing as described in clause (b) of the definition of “Bankruptcy Event”); provided, however, in the event of an involuntary Bankruptcy Event, Borrower shall only be personally liable if such involuntary Bankruptcy Event occurs with the consent, encouragement, or active participation of Borrower, Guarantor, Key Principal, or any Borrower Affiliate; fraud, written material misrepresentation, or material omission by Xxxxxxxx, Guarantor, Key Principal, or any officer, director, partner, manager, member, shareholder, or trustee of Borrower, Guarantor, or Key Principal in connection with any application for or creation of the Indebtedness; fraud, written intentional material misrepresentation, or intentional material omission by Xxxxxxxx, Guarantor, Key Principal, or any officer, director, partner, manager, member, shareholder, or trustee of Borrower, Guarantor, or Key Principal in connection with ongoing financial or other reporting required by the Loan Documents, or any request for action or consent by Xxxxxx; or a Division that is not permitted under this Loan Agreement or any other Loan Document.

Full Personal Liability for Mortgage Loan. Borrower shall be personally liable to Lender for the repayment of all of the Indebtedness, and the Mortgage Loan shall be fully recourse to Borrower, upon the occurrence of any of the following: failure by Borrower to comply with the single-asset entity requirements of Section 4.02(d4.2(nn) of this Loan Agreement; a Transfer (other than a conveyance of the Mortgaged Property at a Foreclosure Event pursuant to the Security Instrument and this Loan Agreement) that is not permitted under this Loan Agreement or any other Loan Document; the occurrence of any Bankruptcy Event (other than an acknowledgement in writing as described in clause (b) of the definition of “Bankruptcy Event”); provided, however, in the event of an involuntary Bankruptcy Event, Borrower shall only be personally liable if such involuntary Bankruptcy Event occurs with the consent, encouragement, or active participation of Borrower, Affiliated Property Operator, Guarantor, Key Principal, or any Borrower Affiliate; fraud, written material misrepresentation, or material omission by XxxxxxxxBorrower, Affiliated Property Operator, Guarantor, Key Principal, or any officer, director, partner, manager, member, shareholder, or trustee of Borrower, Affiliated Property Operator, Guarantor, or Key Principal in connection with any application for or creation of the Indebtedness; fraud, written intentional material misrepresentation, or intentional material omission by XxxxxxxxBorrower, Affiliated Property Operator, Guarantor, Key Principal, or any officer, director, partner, manager, member, shareholder, or trustee of Borrower, Affiliated Property Operator, Guarantor, or Key Principal in connection with ongoing financial or other reporting required by the Loan Documents, or any request for action or consent by XxxxxxLender; or a Division that is not permitted under this Loan Agreement or any other Loan Document.

Full Personal Liability for Mortgage Loan. Borrower shall be personally liable to Lender for the repayment of all of the Indebtedness, and the Mortgage Loan shall be fully recourse to Borrower, upon the occurrence of any of the following: failure by Borrower to comply with the single-asset entity requirements of Section 4.02(d4.2(mm) of this Loan Agreement; a Transfer (other than a conveyance of the Mortgaged Property at a Foreclosure Event pursuant to the Security Instrument and this Loan Agreement) that is not permitted under this Loan Agreement or any other Loan Document; the occurrence of any Bankruptcy Event (other than an acknowledgement in writing as described in clause (b) of the definition of “Bankruptcy Event”); provided, however, in the event of an involuntary Bankruptcy Event, Borrower shall only be personally liable if such involuntary Bankruptcy Event occurs with the consent, encouragement, or active participation of Borrower, Guarantor, Key Principal, or any Borrower Affiliate; fraud, written material misrepresentation, or material omission by XxxxxxxxBorrower, Guarantor, Key Principal, or any officer, director, partner, manager, member, shareholder, or trustee of Borrower, Guarantor, or Key Principal in connection with any application for or creation of the Indebtedness; fraud, written intentional material misrepresentation, or intentional material omission by XxxxxxxxBorrower, Guarantor, Key Principal, or any officer, director, partner, manager, member, shareholder, or trustee of Borrower, Guarantor, or Key Principal in connection with ongoing financial or other reporting required by the Loan Documents, or any request for action or consent by XxxxxxLender; or a Division that is not permitted under this Loan Agreement or any other Loan Document.

Full Personal Liability for Mortgage Loan. Borrower shall be personally liable to Lender for the repayment of all of the Indebtedness, and the Mortgage Loan shall be fully recourse to Borrower, upon the occurrence of any of the following: failure by Borrower to comply with the single-asset entity requirements of Section 4.02(d1.07(d) of this Loan Agreement; failure by Master Lessee to comply with the single-asset entity requirements of the Property Level Assignment of Leases and Rents; a Transfer (other than a conveyance of the Mortgaged Property at a Foreclosure Event pursuant to the Security Instrument and this Loan Agreement) that is not permitted under this Loan Agreement or Agreement, any other Loan DocumentDocument or the Property Level Assignment of Leases and Rents; the occurrence of any Bankruptcy Event (other than an acknowledgement in writing as described in clause (b) of the definition of “Bankruptcy Event”); provided, however, in the event of an involuntary Bankruptcy Event, Borrower shall only be personally liable if such involuntary Bankruptcy Event occurs with the consent, encouragement, or active participation of Borrower, Master Lessee, Guarantor, Key Principal, or any Borrower Affiliate; fraud, written material misrepresentation, or material omission by XxxxxxxxBorrower, Master Lessee, Guarantor, Key Principal, or any officer, director, partner, manager, member, shareholder, or trustee of Borrower, Master Lessee, Guarantor, or Key Principal in connection with any application for or creation of the Indebtedness; fraud, written intentional material misrepresentation, or intentional material omission by XxxxxxxxBorrower, Master Lessee, Guarantor, Key Principal, or any officer, director, partner, manager, member, shareholder, or trustee of Borrower, Master Lessee, Guarantor, or Key Principal in connection with ongoing financial or other reporting required by the Loan Documents, Documents or the Master Lease Documents or any request for action or consent by XxxxxxLender; or a Division that is not permitted under this Loan Agreement or any other Loan Document or any Master Lease Document.

Full Personal Liability for Mortgage Loan. Borrower shall be personally liable to Lender for the repayment of all of the Indebtedness, and the Mortgage Loan shall be fully recourse to Borrower, upon the occurrence of any of the following: failure by Borrower any Obligor to comply with the single-asset entity requirements of Section 4.02(d4.2(mm) of this Loan Agreement; a Transfer (other than a conveyance of the Mortgaged Property at a Foreclosure Event pursuant to the Security Instrument and this Loan Agreement) that is not permitted under this Loan Agreement or any other Loan Document; the occurrence of any Bankruptcy Event (other than an acknowledgement in writing as described in clause (b) of the definition of “Bankruptcy Event”); provided, however, in the event of an involuntary Bankruptcy Event, Borrower shall only be personally liable if such involuntary Bankruptcy Event occurs with the consent, encouragement, or active participation of  Borrower, IDOT Guarantor, Guarantor, or Key Principal,  any Person Controlling Borrower, IDOT Guarantor, Guarantor, or Key Principal or  any Borrower AffiliatePerson Controlled by or under common Control with Borrower, IDOT Guarantor, Guarantor, or Key Principal; fraud, written material misrepresentation, or material omission by XxxxxxxxBorrower, IDOT Guarantor, Guarantor, Key Principal, or any officer, director, partner, manager, member, shareholder, or trustee of Borrower, IDOT Guarantor, Guarantor, or Key Principal in connection with any application for or creation of the Indebtedness; or fraud, written intentional material misrepresentation, or intentional material omission by XxxxxxxxBorrower, IDOT Guarantor, Guarantor, Key Principal, or any officer, director, partner, manager, member, shareholder, or trustee of Borrower, IDOT Guarantor, Guarantor, or Key Principal in connection with ongoing on-going financial or other reporting required by the Loan Documents, or any request for action or consent by Xxxxxx; or a Division that is not permitted under this Loan Agreement or any other Loan DocumentLender.