Common use of Indemnification Separate from the Loan Clause in Contracts

Indemnification Separate from the Loan. (a) The Environmental Indemnitors agree that the Environmental Obligations are separate, independent of and in addition to the undertakings of the Environmental Indemnitors, as applicable, pursuant to the Loan, the Note, the other provisions of this Agreement and the other Loan Documents. A separate action may be brought to enforce the provisions of this Article 6, which shall in no way be deemed to be an action on the Note, whether or not the Loan has been repaid and whether or not Lender would be entitled to a deficiency judgment following a judicial foreclosure, trustee's sale or UCC sale. The Environmental Obligations shall not be affected by any exculpatory provisions contained in the Note, this Agreement or any of the other Loan Documents. The Environmental Obligations and the rights of Lender and its Affiliates hereunder shall survive performance and repayment of the obligations evidenced by and arising under the Loan Documents, surrender of the Note, reconveyance of any Mortgage, release of other security provided in connection with the Loan, trustee's sale or foreclosure under any Mortgage and/or any of the other Loan Documents (whether by deed or other assignment in lieu of foreclosure, or otherwise, acquisition of a Project by Lender, any other transfer of a Project, and transfer of all of Lender's rights in the Loan, the Loan Documents, and the Projects.

Appears in 1 contract

Samples: Hotel Loan Agreement (Ashford Hospitality Trust Inc)

AutoNDA by SimpleDocs

Indemnification Separate from the Loan. (a) The Environmental Indemnitors agree that the Environmental Obligations are separate, independent of and in addition to the undertakings of the Environmental Indemnitors, as applicable, pursuant to the Loan, the Note, Notes the other provisions of this Agreement and the other Loan Documents. A separate action may be brought to enforce the provisions of this Article 6, which shall in no way be deemed to be an action on the Note, Notes whether or not the Loan has been repaid and whether or not Lender the Lenders would be entitled to a deficiency judgment following a judicial foreclosure, trustee's ’s sale or UCC sale. The Environmental Obligations shall not be affected by any exculpatory provisions contained in the Note, Notes this Agreement or any of the other Loan Documents. The Environmental Obligations All rights and the rights obligations of Lender and its Affiliates hereunder this Article 6 shall survive performance and repayment of the obligations evidenced by and arising under the Loan Documents, surrender of the Note, Notes reconveyance of any the Mortgage, release of other security provided in connection with the Loan, trustee's ’s sale or foreclosure under any the Mortgage and/or any of the other Loan Documents (whether by deed or other assignment in lieu of foreclosure, or otherwise), acquisition of a the Project by LenderAdministrative Agent or the Lenders, any other transfer of a the Project, and transfer of all of Lender's Administrative Agent’s and/or the Lenders’ rights in the Loan, the Loan Documents, and the ProjectsProject.

Appears in 1 contract

Samples: Loan Agreement (Great Wolf Resorts, Inc.)

Indemnification Separate from the Loan. (a) The Environmental Indemnitors agree that the Environmental Obligations are separate, independent of and in addition to the undertakings of the Environmental Indemnitors, as applicable, pursuant to the Loan, the Note, the other provisions of this Agreement and the other Loan Documents. A separate action may be brought to enforce the provisions of this Article 6, which shall in no way be deemed to be an action on the Note, whether or not the Loan has been repaid and whether or not Lender would be entitled to a deficiency judgment following a judicial foreclosure, trustee's sale or UCC sale. The Environmental Obligations shall not be affected by any exculpatory provisions contained in the Note, this Agreement or any of the other Loan Documents. The Environmental Obligations All rights and the rights obligations of Lender and its Affiliates hereunder this Article 6 shall survive performance and repayment of the obligations evidenced by and arising under the Loan Documents, surrender of the Note, reconveyance of any Mortgagethe Mortgages, release of other security provided in connection with the Loan, trustee's sale or foreclosure under any Mortgage the Mortgages and/or any of the other Loan Documents (whether by deed or other assignment in lieu of foreclosure, or otherwise), acquisition of a any Project by Lender, any other transfer of a any Project, and transfer of all of Lender's rights in the Loan, the Loan Documents, and the Projects.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Senior Living Inc.)

Indemnification Separate from the Loan. (a) The Environmental Indemnitors agree that the Environmental Obligations are separate, independent of and in addition to the undertakings of the Environmental Indemnitors, as applicable, pursuant to the Loan, the Note, the other provisions of this Agreement and the other Loan Documents. A separate action may be brought to enforce the provisions of this Article 6, which shall in no way be deemed to be an action on the Note, whether or not the Loan has been repaid and whether or not Lender would be entitled to a deficiency judgment following a judicial foreclosure, trustee's ’s sale or UCC sale. The Environmental Obligations shall not be affected by any exculpatory provisions contained in the Note, this Agreement or any of the other Loan Documents. The Environmental Obligations All rights and the rights obligations of Lender and its Affiliates hereunder this Article 6 shall survive performance and repayment of the obligations evidenced by and arising under the Loan Documents, surrender of the Note, reconveyance of any Mortgageof the Security Instruments, release of other security provided in connection with the Loan, trustee's ’s sale or foreclosure under any Mortgage of the Security Instruments and/or any of the other Loan Documents (whether by deed or other assignment in lieu of foreclosure, or otherwise), acquisition of a Project any of the Projects by Lender, any other transfer of a Projectany of the Projects, and transfer of all of Lender's ’s rights in the Loan, the Loan Documents, and any of the Projects.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

AutoNDA by SimpleDocs

Indemnification Separate from the Loan. (a) The Environmental Indemnitors Borrower and BCC agree that the Environmental Obligations are this Agreement is separate, independent of and in addition to the undertakings of the Environmental Indemnitors, as applicable, Borrower and BCC pursuant to the Loan, the Note, the other provisions of this Loan Agreement and the other Loan Documents. A separate action may be brought to enforce the provisions of this Article 6hereof, which shall in no way be deemed to be an action on the Note, whether or not the Loan has been repaid and whether or not Lender would be entitled to a deficiency judgment following a judicial foreclosure, trustee's sale or UCC sale. The Environmental Obligations obligations of Borrower and BCC hereunder shall not be affected by any exculpatory provisions provisions, if any, contained in the Note, this the Loan Agreement or any of the other Loan Documents. The Environmental Obligations This Agreement, and the all rights of Lender and its Affiliates hereunder obligations hereunder, shall survive performance and repayment of the obligations evidenced by and arising under the Loan Documents, surrender of the Note, reconveyance of any Mortgagethe Mortgages, release of other security provided in connection with the Loan, trustee's sale or foreclosure under any Mortgage the Mortgages and/or any of the other Loan Documents (whether by deed or other assignment in lieu of foreclosure, or otherwise, acquisition of a Project any or all of the Properties by Lender, any other transfer of a Projectany or all of the Properties, and transfer of all of Lender's rights in the Loan, the Loan Documents, and any or all of the ProjectsProperties.

Appears in 1 contract

Samples: Hazardous Materials Indemnity Agreement (Balanced Care Corp)

Indemnification Separate from the Loan. (a) The Environmental Indemnitors agree that the Environmental Obligations are separate, independent of and in addition to the undertakings of the Environmental Indemnitors, as applicable, pursuant to the Loan, the Note, the other provisions of this Agreement and the other Loan Documents. A separate action may be brought to enforce the provisions of this Article 6, which shall in no way be deemed to be an action on the Note, whether or not the Loan has been repaid and whether or not Lender would be entitled to a deficiency judgment following a judicial foreclosure, trustee's sale or UCC sale. The Environmental Obligations shall not be affected by any exculpatory provisions contained in the Note, this Agreement or any of the other Loan Documents. The Environmental Obligations All rights and the rights obligations of Lender and its Affiliates hereunder this Article 6 shall survive performance and repayment of the obligations evidenced by and arising under the Loan Documents, surrender of the Note, reconveyance of any Mortgagethe Assignment, release of other security provided in connection with the Loan, trustee's sale or foreclosure under any Mortgage the Assignment and/or any of the other Loan Documents (whether by deed or other assignment in lieu of foreclosure, or otherwise, acquisition of a Project the ownership interests in the Borrower by Lender, any other transfer of a any Project, and transfer of all of Lender's rights in the Loan, the Loan Documents, and the Projectsownership interests in Borrower.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Senior Living Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.