Liability of Grantor. Notwithstanding any provision herein or in any other Loan Instrument, each Grantor is and shall be liable for any and all Obligations (whether any such Obligation is specified as an obligation of any Grantor).
Liability of Grantor. The Grantor shall remain liable to the Trustee for any deficiency remaining after the application of the proceeds of any sale, lease or disposition of the Charged property by the Trustee.
Liability of Grantor. (a) Upon the occurrence of an Event of Default, except as provided in this Section 9.01, Grantee will look solely to the Property and the security under the Loan Documents for the repayment of the Loan and will not enforce a deficiency judgment against Grantor. However, nothing contained in this Section 9.01 shall limit the rights of Grantee to proceed against Grantor and/or the Liable Parties, (i) to enforce any leases entered into by Grantor or its affiliates as tenant, guarantees, or other agreements entered into by Grantor in a capacity other than as borrower (such as, for example, but without limitation, master leases, guaranty agreements, or other similar agreements) or any policies of insurance under which Grantee is the insurer; (ii) to recover damages for fraud, material misrepresentation, material breach of warranty or waste by any of the Liable Parties or Grantor; (iii) to recover any Condemnation Proceeds or Insurance Proceeds or other similar funds which have been misapplied by Grantor or which, under the terms of the Loan Documents, should have been paid to Grantee pursuant to the Loan Documents; (iv) to recover any tenant security deposits, tenant letters of credit or other deposits or fees paid to Grantor that are part of the collateral for the Loan or prepaid rents for a period of more than 30 days which have not been delivered to Grantee or otherwise disbursed pursuant to the subject Lease; (v) to recover Rents and Profits received by Grantor after the first day of the month in which an Event of Default occurs and prior to the date that Grantee acquires title to the Property which have not been applied to the Loan or in accordance with the Loan Documents to operating and maintenance expenses of the Property; (vi) to recover damages, costs and expenses arising from, or in connection with the provisions of this Deed To Secure Debt pertaining to Hazardous Materials or the Unsecured Indemnity Agreement; (vii) to recover all expenses incurred by Grantee as a result of Grantor's contest of the enforcement of the Loan Documents beyond Grantor's contention that no Event of Default has occurred; (viii) to recover damages arising from Grantor's failure to comply with Section 8.01 of this Deed To Secure Debt pertaining to ERISA; (ix) to recover damages, costs and expenses arising from, or in connection with Grantor's failure to pay any Impositions or Premiums to the extent not deposited with Grantee; (x) for all obligations of Grantor under Section ...
Liability of Grantor. Notwithstanding anything to the contrary contained in this Agreement, the personal liability of Grantor, any general partner, member, manager, or shareholder, as applicable, of Grantor to pay amounts due in connection with the obligations of Grantor under this Agreement shall be limited as and to the extent provided in the Master Agreement. The foregoing limitation shall not limit or impair any right to proceed against any collateral that may be pledged to the payment of Grantor’s obligations or that may otherwise be available under any Loan Document.
Liability of Grantor. In the case of any judicial or other proceedings to enforce the Hypothec hereby created, the Grantor covenants and agrees with the Attorney that judgment may be rendered against it in favour of the Bondholders or in favour of the Attorney, as fondé de pouvoir for the Bondholders, for any amount which may remain due in respect of the Bonds after the application payment thereof of the proceeds of the sale of the Hypothecated Property or any part thereof.
Liability of Grantor. It is expressly agreed by Grantor that, anything herein to the contrary notwithstanding, Grantor shall remain liable under each Contract to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with and pursuant to the terms and provisions of each such Contract. Neither Trustee nor Beneficiary nor GE Capital nor the Owner Trustee shall have any obligation or liability under any Contract by reason of or arising out of this Deed of Trust or assignment to Trustee or Beneficiary of any payment relating to any Contract, nor shall Trustee or Beneficiary nor GE Capital nor the Owner Trustee be required or obligated in any manner to perform or fulfill any of the obligations of Grantor under or pursuant to any Contract, or to make any payment, or to make any inquiries as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any Contract, or to present or file any claim, or to take any action to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.
Liability of Grantor. 18 ARTICLE X - CHANGE IN OWNERSHIP, CONVEYANCE OF PROPERTY...............................................................19 SECTION 10.01 CONVEYANCE OF PROPERTY, CHANGE IN OWNERSHIP AND COMPOSITION...................................19
Liability of Grantor. 19 ----------------------------------
Liability of Grantor. The Grantor and any subsidiary that becomes a party hereto under SECTION 14 hereof are and shall be jointly and severally liable for any and all Obligations.
Liability of Grantor. Where the Grantor consists of more than one person, the liability of each such person shall be joint and several and every agreement, undertaking or covenant contained in this agreement shall be construed accordingly. 26 Role of Collateral Agent 26.1 The Collateral Agent shall not be bound to take any action in relation to this agreement unless: (a) directed in writing and as provided for in the 2016 Indenture; and (b) then only if it shall be indemnified and/or secured and/or prefunded to its satisfaction against all out- of-pocket costs, losses, liabilities, damages, claims (whether asserted by the Grantor or any other person) or expenses (including documented and reasonable compensation and expenses and disbursements of the Collateral Agent's counsel) to which it may render itself liable or which it may incur by doing so.
