Limitations on Exculpation. (i) The exculpation provided for in Article F of this Commitment shall not: (A) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note or the Security Instrument; (B) impair the right of Lender to name Borrower as a party defendant in any action or suit for judicial foreclosure and sale under the Security Instrument; (C) affect the validity or enforceability of any indemnity, guaranty, master Lease or similar instrument made in connection with the Note or the Security Instrument, including without limitation, the Environmental Indemnity Agreement; (D) impair the right of Lender to obtain the appointment of a receiver; (E) impair the enforcement of the Assignment of Leases and Rents; or (F) impair the right of Lender to enforce Borrxxxx'x xbligations and liabilities under certain indemnities relating to (1) certain taxes relating to the making and/or recording of the Security Instrument or the Note, (2) the Employee Retirement Income Security Act of 1974, as amended("ERISA") or (3) certain asbestos, toxic waste or other hazardous substances affecting the Property, including without limitation, the Environmental Indemnity Agreement.
Limitations on Exculpation. The exculpation provided for in Section 7.1 above shall not: (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Loan Documents, including any right which Lender may have under Sections 506(a), 506(b), 1111(b) or any other provision of the Bankruptcy Code to file a claim for the full amount of the Indebtedness or to require that all of the Security Property shall continue to secure all of the Indebtedness owed to Lender pursuant to the Loan Documents; (b) impair the right of Lender to name Borrower and any other Person as a party defendant in any action or suit for foreclosure and sale under the Security Instrument so long as Lender does not seek to enforce any judgment in such action or suit out of any assets of Borrower or any other Person other than the Security Property; (c) affect the validity or enforceability (subject to any exculpation provisions therein) of the Environmental Indemnity Agreement and the Guaranty; (d) impair the right of Lender to obtain the appointment of a receiver for any of the Security Property; (e) impair the enforcement of the Assignment of Leases; (f) impair the right of Lender to name Borrower as a party defendant in any action or suit for foreclosure and sale under the Security Instrument; or (g) constitute a prohibition against Lender to seek a deficiency judgment against Borrower solely in order to (i) fully realize the security granted by the Security Instrument or (ii) commence any other appropriate action or proceeding in order for Lender to exercise Lender’s remedies against the Security Property and not to xxx Borrower to collect on a money judgment beyond Borrower’s interest in the Security Property or other collateral given to Lender in connection with the Loan.
