Common use of Limitations on Recourse Clause in Contracts

Limitations on Recourse. Except as expressly set forth in the Operative Agreements, Xxxxxx agrees to look solely to Agent Xxxxxx's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors or any shareholder, owner or partner (direct or indirect) thereof, or any director, officer, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of Xxxxxx's remedies under or with respect to this Lease, the relationship of Agent Xxxxxx and Lessee hereunder or Xxxxxx's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED that nothing in this Section shall be construed to impair or limit the rights of Lessee against Agent Lessor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease (Wind River Systems Inc)

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Limitations on Recourse. Except as expressly set forth in the Operative Agreements, Xxxxxx Lessee agrees to look solely to Agent XxxxxxLessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors Trust Company member, partner or any shareholderother owner of an interest, owner or partner (direct or indirect) thereof, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of XxxxxxLessee's remedies under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or XxxxxxLessee's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against Agent Lessor the Investor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.. 8

Appears in 1 contract

Samples: Lease (Dominicks Supermarkets Inc)

Limitations on Recourse. Except as expressly set forth in the ----------------------- Operative Agreements, Xxxxxx Lessee agrees to look solely to Agent XxxxxxLessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors Trust Company, member, partner or any shareholderother owner of an interest, owner or partner (direct or indirect) thereof, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of XxxxxxLessee's remedies under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or XxxxxxLessee's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED Lessee provided that nothing in this Section shall be construed to -------- impair or limit the rights of Lessee against Agent Lessor the Investors under the Operative AgreementsAgreements to which the Investors and Lessee are each a party. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease (Immunex Corp /De/)

Limitations on Recourse. Except as expressly set forth Notwithstanding anything contained in this Lease to the Operative Agreementscontrary, Xxxxxx except for Lessor Liens arising by, through or under the Trust Company which shall be the responsibility of the Trust Company and Lessor Liens arising by, through or under the Lessor which shall be the responsibility of the Lessor, Lessee agrees to look solely to Agent Xxxxxx's Lessor’s estate and interest in the PropertyProperties (and in no circumstance to the Agent, the proceeds of sale thereofLenders, any insurance proceeds the Holders or any other award or any third party proceeds received by Agent Lessor in connection with the Property otherwise to Lessor) for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors Lessor or any shareholder, owner or partner (direct or indirect) thereofin or of Lessor, or any director, officer, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of Xxxxxx's the remedies of Lessee under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or Xxxxxx's Lessee’s use of the Property Properties or any other liability of Agent Lessor to Lessee; PROVIDED that nothing in this Section shall be construed to impair or limit the rights of Lessee against Agent Lessor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section Sections 6.1 or 6.26.2 or the provisions of Section 12.9 of the Participation Agreement.

Appears in 1 contract

Samples: Lease Agreement (Healthsouth Corp)

Limitations on Recourse. Except as expressly set forth in the Operative Agreements, Xxxxxx Lessee agrees to look solely to Agent XxxxxxLessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors or any shareholder, owner or partner (direct or indirect) thereof, or any director, officer, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of XxxxxxLessee's remedies under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or XxxxxxLessee's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against Agent Lessor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: McData Corp

Limitations on Recourse. Except as expressly set forth in the ----------------------- Operative Agreements, Xxxxxx Lessee agrees to look solely to Agent XxxxxxLessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors Trust Company member, partner or any shareholderother owner of an interest, owner or partner (direct or indirect) thereof, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of XxxxxxLessee's remedies under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or XxxxxxLessee's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED provided that nothing in this Section shall be construed to -------- impair or limit the rights of Lessee against Agent Lessor the Investors under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease (Sailors Inc)

Limitations on Recourse. (a) Except as expressly set forth in the Operative Agreements, Xxxxxx Lessee agrees to look solely to Agent XxxxxxLessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors Lessor or any shareholder, owner or partner (direct or indirect) thereof, or any director, officer, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of XxxxxxLessee's remedies under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or XxxxxxLessee's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED provided that nothing in this Section 30.7 shall be construed to impair or limit the rights of Lessee against Agent Lessor under the Operative Agreements. Nothing in this Section 30.7 shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease Supplement Improvements (Lam Research Corp)

Limitations on Recourse. Except as expressly set forth in the ----------------------- Operative Agreements, Xxxxxx Lessee agrees to look solely to Agent XxxxxxLessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors Trust Company member, partner or any shareholderother owner of an interest, owner or partner (direct or indirect) thereof, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of XxxxxxLessee's remedies under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or XxxxxxLessee's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED provided that nothing in this Section shall be construed to -------- impair or limit the rights of Lessee against Agent Lessor the Investor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease (Ebay Inc)

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Limitations on Recourse. Except as expressly set forth in the Operative Agreements, Xxxxxx Lessee agrees to look solely to Agent XxxxxxLessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors Trust Company member, partner or any shareholderother owner of an interest, owner or partner (direct or indirect) thereof, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of XxxxxxLessee's remedies under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or XxxxxxLessee's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against Agent Lessor the Investor under the Operative Agreements; and further, provided, that Lessor shall be liable in its individual capacity for its own gross negligence or willful misconduct. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Safeskin Corp

Limitations on Recourse. Except as expressly Notwithstanding anything contained in this Lease to the contrary, except with respect to a breach of Lessor's covenant set forth in the Operative AgreementsSection 30.15 and Lessor's obligations to discharge Lessor Liens, Xxxxxx Lessee agrees to look solely to Agent XxxxxxLessor's estate and interest in the PropertyProperty (and in no circumstance to the Agent, the proceeds of sale thereof, any insurance proceeds Primary Financing Parties or any other award or any third party proceeds received by Agent Lessor in connection with the Property otherwise to Lessor) for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors Lessor or any shareholder, owner or partner (direct or indirect) thereofin or of Lessor, or any director, officer, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of Xxxxxx's the remedies of Lessee under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or XxxxxxLessee's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED that nothing in this Section shall be construed to impair or limit the rights of Lessee against Agent Lessor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section Sections 6.1 or 6.26.2 or the provisions of Section 12.9 of the Participation Agreement.

Appears in 1 contract

Samples: Lease Agreement (Toys R Us Inc)

Limitations on Recourse. Except as expressly set forth in the Operative AgreementsAgreements (including, Xxxxxx without limitation, Sections 14.16 and 14.20 of the Participation Agreement), Lessee agrees to look solely to Agent XxxxxxLessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors Trust Company, member, partner or any shareholderother owner of an interest, owner or partner (direct or indirect) thereof, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of Xxxxxx's remedies any judgment requiring the payment of money by Lessor in the event of liability by Lessor under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or XxxxxxLessee's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED Lessee arising herefrom provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against Agent Lessor the Investors under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Lease (Genentech Inc)

Limitations on Recourse. Except as expressly set forth in the Operative Agreements, Xxxxxx Lessee agrees to look solely to Agent XxxxxxLessor's estate and interest in the Property, the proceeds of sale thereof, any insurance proceeds or any other award or any third party proceeds received by Agent Lessor in connection with the Property for the collection of any judgment requiring the payment of money by Agent Lessor in the event of liability by Agent Lessor, and no other property or assets of Agent Lessor, the Lessors Trust Company member, partner or any shareholderother owner of an interest, owner or partner (direct or indirect) thereof, in Lessor, or any director, officer, shareholder, employee, beneficiary, Affiliate of any of the foregoing shall be subject to levy, execution or other enforcement procedure for the satisfaction of XxxxxxLessee's remedies under or with respect to this Lease, the relationship of Agent Xxxxxx Lessor and Lessee hereunder or XxxxxxLessee's use of the Property or any other liability of Agent Lessor to Lessee; PROVIDED provided that nothing in this Section shall be construed to impair or limit the rights of Lessee against Agent Lessor the Investor under the Operative Agreements. Nothing in this Section shall be interpreted so as to limit the terms of Section 6.1 or 6.2.

Appears in 1 contract

Samples: Kindercare Learning Centers Inc /De

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