Common use of Indenture and Notes Solely Corporate Obligations Clause in Contracts

Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 15, no recourse for the payment of the principal of (including the Redemption Price upon redemption pursuant to Article 3) or, premium, if any, or interest on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor in this Indenture or in any supplemental indenture or in any Note, or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiary, as such, past, present or future, of the General Partner, the Issuer, the Guarantor or any of the Issuer’s or Guarantor’s Subsidiaries or of any successor thereto, either directly or through the Issuer or Guarantor any of the Issuer’s or Guarantor’s Subsidiaries or any successor thereto, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Notes.

Appears in 10 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

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Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 15, no recourse for the payment of the principal of (including the Redemption Price upon redemption pursuant to Article 3) or, premium, if any, or interest on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor in this Indenture or in any supplemental indenture or in any Note, or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiary, as such, past, present or future, of the General Partner, the Issuer, the Guarantor or any of the Issuer’s or Guarantor’s Subsidiaries or of any successor thereto, either directly or through the Issuer or Guarantor any of the Issuer’s or Guarantor’s Subsidiaries or any successor thereto, whether by virtue of any constitution, statute or rule Rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Notes.

Appears in 3 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 15, no recourse for the payment of the principal of (including the Redemption Price upon redemption pursuant to Article 3) or, premium, if any, or interest Interest on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor (i) in this Indenture or in any supplemental indenture or (ii) in any Note, or because of the creation of any indebtedness represented thereby, or in any Guarantee, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiarysubsidiary, as such, past, present or future, of the General PartnerGuarantor, the Issuer, the Guarantor Issuer or any of the Guarantor’s or Issuer’s or Guarantor’s Subsidiaries subsidiaries or of any successor thereto, either directly or through the Guarantor, the Issuer or Guarantor any of the Guarantor’s or Issuer’s subsidiaries or Guarantor’s Subsidiaries or of any successor thereto, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture Indenture, and the issue of the Notes.

Appears in 2 contracts

Samples: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.)

Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 15XV hereof, no recourse for the payment of the principal of (including the Redemption Price upon redemption pursuant to Article 3III hereof) or, premium, if any, or interest on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor in this Indenture or in any supplemental indenture or in any Note, or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiary, as such, past, present or future, of the General Partner, the Issuer, any Guarantor, any Subsidiary of the Issuer or any Guarantor or any of the Issuer’s or Guarantor’s Subsidiaries or of any successor thereto, either directly or through the Issuer or Guarantor any of the Issuer’s or Guarantor’s Subsidiaries or any successor thereto, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Notes.

Appears in 2 contracts

Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Care Capital Properties, Inc.)

Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 15, no recourse for the payment of the principal of (including the Redemption Price upon redemption pursuant to Article 3) or, premium, if any, or interest Interest on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor (i) in this Indenture or in any supplemental indenture or indenture, (ii) in any Note, or because of the creation of any indebtedness represented thereby, or in any Guarantee or (iii) in the Registration Rights Agreement, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiarysubsidiary, as such, past, present or future, of the General PartnerGuarantor, the Issuer, the Guarantor Issuer or any of the Guarantor’s or Issuer’s or Guarantor’s Subsidiaries subsidiaries or of any successor thereto, either directly or through the Guarantor, the Issuer or Guarantor any of the Guarantor’s or Issuer’s subsidiaries or Guarantor’s Subsidiaries or of any successor thereto, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture Indenture, and the issue of the Notes.

Appears in 1 contract

Samples: Indenture (Kilroy Realty Corp)

Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 1516, no recourse for the payment of the principal of (including the Redemption Price repurchase price upon redemption repurchase pursuant to Article 3) or, premium, if any, or interest Interest on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor (i) in this Indenture or in any supplemental indenture or indenture, (ii) in any Note, or because of the creation of any indebtedness represented therebythereby or (iii) in the Registration Rights Agreement, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiarysubsidiary, as such, past, present or future, of the General PartnerGuarantor, the Issuer, the Guarantor Issuer or any of the Guarantor’s or Issuer’s or Guarantor’s Subsidiaries subsidiaries or of any successor thereto, either directly or through the Guarantor, the Issuer or Guarantor any of the Guarantor’s or Issuer’s subsidiaries or Guarantor’s Subsidiaries or of any successor thereto, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture Indenture, and the issue of the Notes.

Appears in 1 contract

Samples: Indenture (Gramercy Property Trust Inc.)

Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 1515 hereof, no recourse for the payment of the principal of (including the Redemption Price upon redemption and payment of a Change of Control Offer on the Change of Control Payment Date, in each case, pursuant to Article 33 hereof) or, premium, if any, or interest and Additional Interest, if any, on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor in this Indenture or in any supplemental indenture or in any Note, or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiary, as such, past, present or future, of the General Partner, the Issuer, the Guarantor Issuer or any of the Issuer’s or Guarantor’s Subsidiaries or of any successor thereto, either directly or through the Issuer or Guarantor any of the Issuer’s or Guarantor’s Subsidiaries or any successor thereto, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the Notes.

Appears in 1 contract

Samples: Indenture (AFC Gamma, Inc.)

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Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 15, no recourse for the payment of the principal of (including the Redemption Price repurchase price upon redemption repurchase pursuant to Article 3) or, premium, if any, or interest Interest on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor (i) in this Indenture or in any supplemental indenture or indenture, (ii) in any Note, or because of the creation of any indebtedness represented therebythereby or (iii) in the Registration Rights Agreement, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiarysubsidiary, as such, past, present or future, of the General PartnerGuarantor, the Issuer, the Guarantor Issuer or any of the Guarantor’s or Issuer’s or Guarantor’s Subsidiaries subsidiaries or of any successor thereto, either directly or through the Guarantor, the Issuer or Guarantor any of the Guarantor’s or Issuer’s subsidiaries or Guarantor’s Subsidiaries or of any successor thereto, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture Indenture, and the issue of the Notes.

Appears in 1 contract

Samples: Indenture (American Residential Properties, Inc.)

Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 15, no recourse for the payment of the principal of (including the Redemption Price upon redemption pursuant to Article 3) or, premium, if any, or interest on any NoteNote of any series, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor in this Indenture or in any supplemental indenture or in any NoteNote of any series, or because of the creation of any indebtedness represented thereby, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiary, as such, past, present or future, of the General Partner, the Issuer, the Guarantor or any of the Issuer’s or Guarantor’s Subsidiaries or of any successor thereto, either directly or through the Issuer or Guarantor any of the Issuer’s or Guarantor’s Subsidiaries or any successor thereto, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture and the issue of the NotesNotes of each series.

Appears in 1 contract

Samples: Indenture (Essex Portfolio Lp)

Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 15, no recourse for the payment of the principal of (including the Redemption Price or repurchase price upon redemption or repurchase pursuant to Article 3) or, premium, if any, or interest Interest on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor (i) in this Indenture or in any supplemental indenture or indenture, (ii) in any Note, or because of the creation of any indebtedness represented therebythereby or (iii) in the Registration Rights Agreement, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiarysubsidiary, as such, past, present or future, of the General PartnerGuarantor, the Issuer, the Guarantor Issuer or any of the Guarantor’s or Issuer’s or Guarantor’s Subsidiaries subsidiaries or of any successor thereto, either directly or through the Guarantor, the Issuer or Guarantor any of the Guarantor’s or Issuer’s subsidiaries or Guarantor’s Subsidiaries or of any successor thereto, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture Indenture, and the issue of the Notes.

Appears in 1 contract

Samples: Indenture (Kilroy Realty Corp)

Indenture and Notes Solely Corporate Obligations. Except as otherwise expressly provided in Article 15, no recourse for the payment of the principal of (including the Redemption Price or repurchase price upon redemption or repurchase pursuant to Article 3) or, premium, if any, or interest Interest on any Note, or for any claim based thereon or otherwise in respect thereof, and no recourse under or upon any obligation, covenant or agreement of the Issuer or the Guarantor (i) in this Indenture or in any supplemental indenture or indenture, (ii) in any Note, or because of the creation of any indebtedness represented therebythereby or (iii) in the Registration Rights Agreement, shall be had against any incorporator, stockholder, limited partner, member, manager, employee, agent, officer, director or Subsidiarysubsidiary, as such, past, present or future, of the General PartnerGuarantor, the Issuer, the Guarantor Issuer or any of the Issuer’s or Guarantor’s Subsidiaries subsidiaries or of any successor thereto, either directly or through the Guarantor, the Issuer or Guarantor any of the Issuer’s or Guarantor’s Subsidiaries subsidiaries or of any successor thereto, whether by virtue of any constitution, statute or rule of law, or by the enforcement of any assessment or penalty or otherwise; it being expressly understood that all such liability is hereby expressly waived and released as a condition of, and as a consideration for, the execution of this Indenture Indenture, and the issue of the Notes.

Appears in 1 contract

Samples: Indenture (Kilroy Realty Corp)

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