Joint and Several Liability. If Borrower consists of more than one (1) Person the obligations and liabilities of each Person shall be joint and several.
Appears in 55 contracts
Samples: Loan Agreement (Net Lease Office Properties), Loan Agreement (W. P. Carey Inc.), Mezzanine Loan Agreement (W. P. Carey Inc.)
Joint and Several Liability. If Borrower consists of more than one (1) Person or entity, the obligations and liabilities of each such Person shall be hereunder are joint and several.
Appears in 22 contracts
Samples: Loan Agreement (Stirling Hotels & Resorts, Inc.), Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Joint and Several Liability. If Borrower consists of more than one (1) Person Person, the obligations and liabilities of each such Person hereunder shall be joint and several.
Appears in 19 contracts
Samples: Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing (Medalist Diversified REIT, Inc.), Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing (Medalist Diversified REIT, Inc.), Loan and Security Agreement (Ashford Hospitality Trust Inc)
Joint and Several Liability. If Borrower consists of more than one (1) Person the obligations and liabilities individual and/or entity, each of each Person said individuals and/or entities shall be joint jointly and severalseverally liable for each covenant, agreement, representation and warranty of Borrower hereunder.
Appears in 13 contracts
Samples: Loan Agreement (KBS Strategic Opportunity REIT II, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Joint and Several Liability. If Borrower consists of more than one (1) Person the obligations and liabilities of person and/or entity, each Person shall be such person and/or entity agrees that its liability hereunder is joint and several.
Appears in 13 contracts
Samples: Promissory Note (Emeritus Corp\wa\), Promissory Note (Emeritus Corp\wa\), Promissory Note (Emeritus Corp\wa\)
Joint and Several Liability. If Borrower consists of more than one (1) Person person or entity, the obligations and liabilities of each Person shall be such person or entity under this Mortgage are joint and several.
Appears in 9 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (New England Realty Associates Limited Partnership), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Inland Real Estate Corp)
Joint and Several Liability. If Borrower consists of more than one (1) Person Person, the representations, warranties, covenants, obligations and liabilities of each Person shall be joint and several.
Appears in 7 contracts
Samples: Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (Ionis Pharmaceuticals Inc), Mezzanine Loan Agreement (Plymouth Industrial REIT Inc.)
Joint and Several Liability. If the Borrower consists of more than one (1) Person or entity, the obligations and liabilities of each such Person shall be hereunder are joint and several.
Appears in 5 contracts
Samples: Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.), Loan Agreement (Griffin Capital Essential Asset REIT, Inc.), Loan Agreement (MVP REIT, Inc.)
Joint and Several Liability. If Borrower consists of more than one (1) Person Person, the obligations and liabilities of each Person shall be joint and several.
Appears in 4 contracts
Samples: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.), Mezzanine Loan Agreement (New York REIT, Inc.)
Joint and Several Liability. If Borrower consists of more than one (1) Person the obligations and liabilities of person or entity, each Person shall be joint jointly and severalseverally liable for the performance of Borrower’s obligations under this Note.
Appears in 4 contracts
Samples: Promissory Note, Promissory Note, Promissory Note
Joint and Several Liability. If Borrower consists of more than one (1) Person person or entity, the obligations and liabilities of each Person such person or entity shall be joint and several.
Appears in 4 contracts
Samples: Promissory Note (Sovran Acquisition LTD Partnership), Promissory Note (Sovran Self Storage Inc), Promissory Note (Grubb & Ellis Co)
Joint and Several Liability. If Borrower consists of more than one (1) Person Person, the obligations and liabilities of each such Person shall hereunder (as the same may be limited by any applicable provisions of Section 9.4 hereof) are joint and several.
Appears in 4 contracts
Samples: Mezzanine Loan Agreement (Archstone Smith Operating Trust), Mezzanine Loan Agreement (Archstone Smith Operating Trust), Mezzanine Loan Agreement (Archstone Smith Operating Trust)
Joint and Several Liability. If In the event that the Borrower consists of more than one (1) Person person or entity, the obligations and liabilities Liabilities of each Person such person or entity shall be joint and severalseveral and the word "Borrower" means each of them, any of them and/or all of them.
Appears in 4 contracts
Samples: Term Loan Agreement (Eastern Environmental Services Inc), Revolving Credit Agreement (Leak X Environmental Corporation), Revolving Credit Agreement (Premier Research Worldwide LTD)
Joint and Several Liability. If Borrower or Guarantor consists of more than one (1) Person person, the obligations and liabilities of each Person such person hereunder and under the other Loan Documents shall be joint and several.
Appears in 4 contracts
Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
Joint and Several Liability. If Borrower consists of more than one (1) Person person or entity, the obligations and liabilities of each Person shall be such person or entity under this Deed of Trust are joint and several.
Appears in 4 contracts
Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust), Deed of Trust (Parkway Properties Inc), Deed of Trust (Stratus Properties Inc)
Joint and Several Liability. If Borrower consists of more than one (1) Person Person, each shall be jointly and severally liable to perform the obligations and liabilities of each Person shall be joint and severalBorrower under this Assignment.
Appears in 4 contracts
Samples: Assignment of Rents (Hartman Short Term Income Properties XX, Inc.), Assignment of Rents and Revenues (Owens Realty Mortgage, Inc.), Assignment of Rents and Revenues (Owens Realty Mortgage, Inc.)
Joint and Several Liability. If Borrower consists of more than one (1) Person Person, each shall be jointly and severally liable to perform the obligations and liabilities of each Person shall be joint and severalBorrower under this Note.
Appears in 3 contracts
Samples: Promissory Note (Belpointe PREP, LLC), Promissory Note (Belpointe PREP, LLC), Promissory Note (IMH Financial Corp)
Joint and Several Liability. If Borrower consists of more than one (1) Person natural persons and/or entities, the obligations and liabilities liability of each Person of them for Borrower’s obligations under the Loan Documents shall be joint and several.
Appears in 2 contracts
Samples: Gap Financing Loan Agreement, Gap Financing Loan Agreement
Joint and Several Liability. If Borrower consists of more than one (1) Person natural persons and/or entities, the obligations and liabilities liability of each Person of them for Borrower’s obligations under the Loan Documents shall be joint and several, and in solido.
Appears in 2 contracts
Samples: Gap Financing Loan Agreement (Pari Passu Financing), Gap Financing Loan Agreement
Joint and Several Liability. If Borrower consists of more than one (1) Person the obligations and liabilities of each Person Borrower under the Loan Documents shall be joint and several.
Appears in 2 contracts
Samples: Loan Agreement (VICI Properties L.P.), Loan Agreement (MGM Growth Properties Operating Partnership LP)
Joint and Several Liability. If Borrower consists of more than one (1) Person person, the obligations and liabilities of each Person such person hereunder and under the other Loan Documents shall be joint and several.
Appears in 2 contracts
Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
Joint and Several Liability. If Borrower consists of more than one (1) Person person or entity is included in the definition of Borrower, the obligations and liabilities of each Person such person or entity shall be joint and several.
Appears in 2 contracts
Samples: Loan Agreement (GTJ REIT, Inc.), Loan Agreement (Pope Resources LTD Partnership)
Joint and Several Liability. If the Individual Borrower consists of more than one (1) Person Person, the obligations and liabilities of each such Person shall be hereunder are joint and several.
Appears in 2 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Griffin Capital Essential Asset REIT II, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement, and Fixture Filing (Griffin Capital Essential Asset REIT, Inc.)
Joint and Several Liability. If Borrower or Operating Lessee consists of more than one (1) Person the obligations and liabilities of each Person shall be joint and several.
Appears in 2 contracts
Samples: Loan Agreement (Park Hotels & Resorts Inc.), Loan Agreement (Park Hotels & Resorts Inc.)
Joint and Several Liability. (a) If Borrower consists of more than one (1) Person the obligations and liabilities of each Person comprising Borrower shall be joint and several.
(b) If Lender consists of more than one (1) Person the obligations and liabilities of each Person comprising Lender shall be several, and not joint.
Appears in 1 contract
Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)
Joint and Several Liability. If Borrower consists of more than one (1) Person the obligations and liabilities of Person, each Person shall be joint jointly and severalseverally liable to perform the Obligations of Borrower under this Note.
Appears in 1 contract
Samples: Promissory Note (Sielox Inc)
Joint and Several Liability. If Borrower consists of more than one (1) Person --------------------------- person or entity, the obligations and liabilities of each Person such person or entity shall be joint and several.
Appears in 1 contract
Joint and Several Liability. If Borrower consists of more than one (1) Person person or entity, each shall be jointly and severally liable to perform the obligations and liabilities of each Person shall be joint and severalBorrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Nicholas Financial Inc)
Joint and Several Liability. If Borrower consists is comprised of more than one (1) Person person or entity, the obligations hereunder shall be the joint and liabilities several obligations of each Person shall be joint and severalsuch person or entity so comprising Borrower.
Appears in 1 contract
Samples: Owner Participation Agreement
Joint and Several Liability. If Borrower consists of more than one (1) Person person or entity, each shall be jointly and severally liable to perform the obligations and liabilities of each Person shall be joint and severalBorrower under this Assignment.
Appears in 1 contract
Samples: Property Management Agreement (Reliance Real Estate Trust, LLC)
Joint and Several Liability. If the Borrower consists of more than one (1person or entity or person(s) Person signing on behalf of an entity, or a combination thereof, the obligations and liabilities of each Person shall be such person or entity to the Consultant are joint and several.
Appears in 1 contract
Samples: Loan Agreement
Joint and Several Liability. If Borrower consists of more than one (1) Person Person, the obligations and liabilities of each such Person hereunder and under the other Loan Documents shall be joint and several, subject to the limitations contained in Section 7.20 hereof.
Appears in 1 contract
Samples: Loan Agreement (Golf Ventures Inc)
Joint and Several Liability. If Borrower consists of more than one (1) Person Person, the obligations and liabilities of each such Person shall be under this Loan Agreement are joint and several.
Appears in 1 contract
Samples: Loan Agreement (Phillips Edison Grocery Center Reit I, Inc.)
Joint and Several Liability. If Borrower consists of more than one (1) Person the obligations and liabilities of each Person under the Loan Documents shall be joint and several.
Appears in 1 contract
Joint and Several Liability. If Borrower consists of more than one (1) Person person or entity, the obligations and liabilities of each Person shall be such person or entity under this Loan Agreement are joint and several.
Appears in 1 contract
Joint and Several Liability. If Borrower consists is comprised of more than one (1) Person person or entity, the obligations and liabilities of each Person of the persons or entities of which Borrower is comprised shall be joint and several.
Appears in 1 contract
Samples: Multiple Advance Revolving Credit Note (TherapeuticsMD, Inc.)
Joint and Several Liability. If the Borrower consists of more than one (1) Person Person, the obligations and liabilities of each such Person hereunder shall be joint and several.
Appears in 1 contract
Joint and Several Liability. If Borrower consists of more than one (1) Person Person, the obligations and liabilities of each Person shall be joint and several.. The parties
Appears in 1 contract
Samples: Loan Agreement (Cole Credit Property Trust III, Inc.)
Joint and Several Liability. If Borrower consists of constitutes more than one (1) Person the obligations and liabilities of Person, each such Person shall be joint jointly and severalseverally liable for the obligations of Borrower pursuant to the Loan and the Loan Documents.
Appears in 1 contract
Samples: Secured Revolving Credit Loan Agreement (Owens Realty Mortgage, Inc.)
Joint and Several Liability. If Borrower consists of more than one (1) Person the obligations and liabilities of each Person shall be joint and several.. Section 10.24
Appears in 1 contract
Samples: Project Loan Agreement
Joint and Several Liability. If Borrower consists of more than man one (1) Person person or entity, each shall be jointly and severally liable to perform the obligations and liabilities of each Person shall be joint and severalBorrower under this Note.
Appears in 1 contract
