Common use of Full Recourse Clause in Contracts

Full Recourse. Notwithstanding anything in this Credit Agreement or the other Loan Documents to the contrary, (i) the Obligations of any Borrower shall be fully recourse to such Borrower and the Guarantor and (ii) the Obligations shall not be recourse to the Investors, to any of the Borrowers’ or Guarantor’s past, present or future directors officers, employees, incorporators, authorized persons or agents, or the Investment Manager, except, in each case, with respect to the Collateral pledged pursuant to the Loan Documents and for any claim or action for actual damages of the Administrative Agent or the Lenders as a result of any fraud, bad faith, willful misrepresentation or willful misappropriation of proceeds from the Credit Facility on the part of such Person, in which event there shall be full recourse against such Person. The Portfolio Investments shall not be included in the Collateral. No Investor shall have any personal liability under this Credit Agreement or the other Loan Documents; provided that the foregoing shall not limit the obligations of such Investor under the Guarantor’s Governing Documents or its Subscription Agreement to make Investor Capital Contributions with respect to its Unfunded Capital Commitment.

Full Recourse. Notwithstanding anything in this Credit Agreement or the other Loan Documents to the contrary, (i) the Obligations of any Borrower shall be fully recourse only to such Borrower and the Guarantor and (ii) the Obligations shall not be recourse to the Investorsany Investor, any General Partner or to any of the Borrowers’ or Guarantor’s General Partners’ past, present or future directors directors, officers, employees, incorporators, authorized persons or agents, or the Investment Manager, except, in each case, with respect to the Collateral pledged and granted by way of assignment pursuant to the Loan Documents and for any claim or action for actual damages of the Administrative Agent or the Lenders as a result of any fraud, bad faith, willful misrepresentation or willful misappropriation of proceeds from the Credit Facility on the part of such Person, in which event there shall be full recourse against such Person. The Portfolio Investments shall not be included in the Collateral. No Investor shall have any personal liability under this Credit Agreement or the other Loan Documents; provided that the foregoing shall not limit the obligations of such Investor under the Guarantor’s Governing Documents Partnership Agreement of the applicable Fund or its Subscription Agreement to make Investor Capital Contributions with respect to its Unfunded Capital Commitment.