Lender Covenant. In any action or proceeding against the Borrower to enforce the Loan Documents which is not also an action or proceeding against the Tribe, the Creditors agree that they shall have no recourse to the Tribe or to Non-Authority Property. In any action or proceeding to enforce the Loan Documents which includes the Tribe, the Creditors agree that they shall, to the extent then permitted by applicable Law, take commercially practicable steps to enforce any claim for damages awarded to the Creditors by any court, tribunal, arbitrator or other decision maker against the Borrower or the Authority Property prior to taking general recourse to the Tribe or Non-Authority Property. The provisions of this Section shall not be construed (a) to create any recourse on the part of the Creditors against the Tribe, the Non-Authority Property or revenues except for any breach of the Tribe’s own representations, warranties and covenants set forth in Articles 4 and 9, or (b) to require exhaustion by the Creditors of any remedies against Borrower or the Authority Property prior to having recourse, in the proper case, against the Tribe and Non-Authority Property.
Lender Covenant. In any action or proceeding against Borrower or any of its Restricted Subsidiaries to enforce the Loan Documents which is not also an action or proceeding against the Tribe, the Creditors agree that they shall have no recourse to the Tribe or to its property which is not Authority Property. In any action or proceeding to enforce the Loan Documents which includes the Tribe, the Creditors agree that they shall, to the extent then permitted by applicable Law, take commercially practicable steps to enforce any claim for damages awarded to the Creditors by any court, tribunal, arbitrator or other decision maker against Borrower or the Authority Property prior to taking general recourse to the Tribe or any Property thereof which is not Authority Property. The provisions of this Section shall not be construed (a) to create any recourse on the part of the Creditors against the Tribe, the property of the Tribe which is not Authority Property or revenues except for any breach of the Tribe’s own representations, warranties and covenants, or (b) to require exhaustion by the Creditors of any remedies against Borrower, its Restricted Subsidiaries or the Authority Property prior to having recourse, in the proper case, against the Tribe and its property which is not Authority Property.
Lender Covenant. In any action or proceeding against the Borrower --------------- to enforce the Loan Documents which is not also an action or proceeding against the Tribe, the Creditors agree that they shall have no recourse to the Tribe or to Non-Authority Property. In any action or proceeding to enforce the Loan Documents which includes the Tribe, the Creditors agree that they shall, to the extent then permitted by applicable Law, take commercially practicable steps to enforce any claim for damages awarded to the Creditors by any court, tribunal, arbitrator or other decision maker against the Borrower or the Authority Property prior to taking general recourse to the Tribe or Non-
Lender Covenant. Each Lender hereby covenants and agrees that it shall notify Administrative Agent, in writing, immediately upon becoming a lender under the Casden Credit Agreement and upon any Affiliate becoming a Lender under the Casden Credit Agreement.
Lender Covenant. Subject to compliance with the other provisions contained herein, the Lenders agree, [ * ].
Lender Covenant. 103 10.27 RELEASE OF COLLATERAL AND GUARANTEE OBLIGATIONS.................................................103 SECTION 11. COLLATERAL AGENT.............................................................................104 11.01 COLLATERAL AGENT................................................................................104 TERM LOAN CREDIT AGREEMENT This TERM LOAN CREDIT AGREEMENT ("AGREEMENT") is entered into as of May 30, 2003, by and among APARTMENT INVESTMENT AND MANAGEMENT COMPANY, a Maryland corporation (the "REIT"), AIMCO PROPERTIES, L.P., a Delaware limited partnership ("AIMCO"), AIMCO/BETHESDA HOLDINGS, INC., a Delaware corporation ("AIMCO/BETHESDA"), and NHP MANAGEMENT COMPANY, a District of Columbia corporation ("NHP MANAGEMENT") (the REIT, AIMCO, AIMCO/Bethesda and NHP Management, collectively referred to as "BORROWERS"), each lender from time to time party hereto (collectively, "LENDERS" and individually, a "LENDER"), and BANK OF AMERICA, N.A. ("BANK OF AMERICA"), as Administrative Agent (in such capacity "ADMINISTRATIVE AGENT").
Lender Covenant. Each Lender hereby covenants and agrees that it shall notify Administrative Agent, in writing, immediately upon becoming a Casden Lender and/or a Revolver Lender and upon any Affiliate becoming a Casden Lender and/or a Revolver Lender.
Lender Covenant. In any action or proceeding to enforce the Loan Documents, the Creditors agree that they shall have no recourse to Non-Gaming Property, except to the extent that Borrower has not fully and faithfully complied with the covenants set forth in Article 7, in which case the Creditors shall be automatically and irrevocably freed from the covenant set forth in this Section and have recourse to the Non-Gaming Property to such extent. In any event, in any action or proceeding to enforce the Loan Documents, the Creditors agree that they shall, to the extent then permitted by applicable Law, take commercially practicable steps to enforce any claim for damages awarded to the Creditors by any court, tribunal, arbitrator or other decision maker against the Gaming Property prior to taking general recourse to Borrower and the Non-Gaming Property. The provisions of this Section shall not be construed to require exhaustion by the Creditors of any remedies against the Gaming Property prior to having recourse, in the proper case, against Borrower and Non-Gaming Property.
Lender Covenant. 134 -vi- EXHIBITS -------- A - Assignment Agreement B - Compliance Certificate C - Opinion - Tribal Attorney General D - Opinions - external legal counsel to Borrower E - Request for Letter of Credit F - Request for Loan G - Revolving Note H - Tax Exempt Note I - Tax Exempt Opinion of Bond Counsel J - Tax Certificate K - Collateral Agent and Intercreditor Agreement
Lender Covenant. (a) Notwithstanding the waiver of sovereign immunity contained in Section 13.27, in any action or proceeding to enforce the Loan Documents against the Borrower or, to the limited extent set forth herein, against the Tribe, the Creditors agree that they shall have no recourse to the Excluded Property, PROVIDED that recourse may be had against the Tribe and the Excluded Property (to the extent set forth in this Section) to the extent that the Tribe fails to faithfully and fully comply with each of the covenants set forth in Article 8 hereof (it being expressly understood that in the event of any Event of Default arising from the breach of any of the covenants set forth in Article 8, the Tribe shall have the opportunity to cure the relevant Events of Default for thirty days following the delivery of written notice of the breach thereof to the Tribe) before any recourse of any kind may be had against the Tribe.
(b) In any action or proceeding to enforce the Loan Documents, the Creditors agree that they shall, to the extent then permitted by applicable Law, take all reasonably available and commercially practicable steps to enforce any claim for damages awarded to the Creditors by any court, tribunal, arbitrator or other decision maker first against the Gaming Assets, prior to taking general recourse to the Business Enterprise Division of the Tribe, and in no event against Excluded Property owned by the Government Services Division of the Tribe.
(c) The provisions of this Section shall not be construed (i) to create any recourse on the part of the Creditors against any Excluded Property owned by the Government Services Division or against any other Property of the Government Services Division which is not the traceable proceeds of a prohibited Distribution, EXCEPT as set forth in clause (a), or (ii) to require exhaustion by the Creditors of any remedies against the Gaming Assets prior to having recourse, in the proper case, against the Tribe, as set forth in clause (b).
