Limited Liability of Investors. None of the Investors, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 13.17 or in any of the other provisions of the Loan Documents shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Borrower Party, or of any Investor to make its Capital Contributions to Borrower in accordance with the terms of the Operating Agreement and its Subscription Agreement. Notwithstanding anything contained in this Section 13.17, the payment and performance of the Obligations shall be fully recourse to Borrower Parties and their respective properties and assets.
Limited Liability of Investors. Except with respect to any expenses and direct or actual losses (as opposed to Consequential Damages) arising from any Managing Entity’s intentional misrepresentation hereunder, fraud, bad faith or willful misapplication of proceeds in contravention of this Credit Agreement, for which there shall be full recourse to such Managing Entity, none of the Investors, including the Managing Entities, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 12.17 or in any of the other provisions of the Loan Documents, or other reports, financial statements, notices or certificates delivered in connection herewith and therewith, shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Borrower Party, or of any Investor to make its Capital Contributions to a Borrower in accordance with the terms of the applicable Governing Agreement and its Subscription Agreement. Notwithstanding anything contained in this Section 12.17, the payment and performance of the Obligations shall be fully recourse to Borrower Parties (but not the Managing Entities, except as expressly provided herein) and their respective properties and assets.
Limited Liability of Investors. None of the Investors shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations, other than to make its Capital Contribution to Borrower in accordance with the terms of its Subscription Agreement. The Adviser shall have not any personal, partnership, corporate or trust liability for the payment or performance of the Obligations, except that for the Adviser’s intentional misrepresentation hereunder, fraud or willful misapplication of proceeds in contravention of this Credit Agreement, there shall be full recourse to the Adviser. The payment and performance of the Obligations shall be fully recourse to Borrower Parties and their respective properties and assets.
Limited Liability of Investors. Except with respect to any expenses and direct or actual losses (as opposed to Consequential Damages) arising from any Managing Entity’s intentional misrepresentation hereunder, fraud, bad faith or willful misapplication of proceeds in contravention of this Credit Agreement, for which there shall be full recourse to such Managing Entity, none of the Investors shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 12.17 or in any of the other provisions of the Loan Documents, or other reports, financial statements, notices or certificates delivered in connection herewith and therewith, shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Borrower Party, or of any Investor to make its Capital Contributions to a Borrower in accordance with the terms of the applicable Governing Agreement and its Subscription Agreement. Notwithstanding anything contained in this Section 12.17, the payment and performance of the Obligations shall be fully recourse to Borrower Parties and their respective properties and assets. Notwithstanding the foregoing or anything to the contrary in this Credit Agreement or any of the other Loan Documents, the obligations of each of the Aggregator Fund, each Investor in the Aggregator Fund and the Aggregator Fund Managing Entity under the Loan Documents is subject in all respects to the terms and conditions of the Initial Borrower Limited Liability Company Agreement (in the case of the Aggregator Fund) and the Aggregator Fund Governing Agreement (in the case of the investors in the Aggregator Fund), and under no circumstances shall the Aggregator Fund, the Aggregator Fund Managing Entity, or any investor in the Aggregator Fund at any time have any liability in connection with, arising out of, or in any way related to, this Credit Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Credit Agreement or any of the other Loan Documents, in an amount in excess of that required, as of such time, under the terms and conditions of the Initial Borrower Limited Liability Company Agreement (in the case of the Aggregator Fund and its Managing Entity) and the Aggregator Fund Governing Agreement (in the case of the Investors in the Aggregator Fund). Notwithstanding any provision of this Agreement or any other Loan Document to the contrary, any payment obligation (in...
Limited Liability of Investors. Nothing contained in this Section 13.19 or in any of the other provisions of the Loan Documents shall be construed to limit restrict, or impede the obligations, the liabilities, and indebtedness of the Borrower Parties, or of any Investor to make its Capital Contributions to any Borrower, in accordance with the terms of the Governing Agreements, the other Constituent Documents, and its Subscription Agreements. Notwithstanding the foregoing, any expenses and losses arising from any Loan Party’s intentional misrepresentation hereunder or any Loan Document to which it is a party, fraud or willful misapplication of proceeds in contravention of this Credit Agreement, shall be fully recourse to the Borrowers and/or the Managing Entities, as the case may be; provided, that, none of the Investors shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Notwithstanding anything contained in this Section 13.19, the payment and performance of the Obligations shall be fully recourse to the Borrowers and to the Borrowers’ respective properties and assets.
Limited Liability of Investors. Except with respect to any expenses and losses arising from any Credit Party’s intentional misrepresentation hereunder, fraud or willful misapplication of proceeds in contravention of this Credit Agreement, for which there shall be full recourse to such Credit Party, none of the Investors, including the Managing Member, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 14.19 or in any of the other provisions of the Loan Documents shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of Borrower, or of any Investor to make its Capital Contributions to Borrower, Managing Member, Guarantor or Pledgor, in accordance with the terms of the Operating Agreement, Partnership Agreement or the Stockholders Agreement, as applicable, or pursuant to the terms of such Investor’s Investor Letter. Nothing contained in this Section 14.19 shall be deemed to expressly or implicitly limit or modify the liability of each Qualified Borrower to Lenders under the Qualified Borrower Notes; provided, however, that such liability shall not extend beyond such Qualified Borrower and its properties and assets. Notwithstanding anything contained in this Section 14.19, the payment and performance of the Obligations shall be fully recourse to each Borrower Party and the payment and performance of the Guaranteed Obligations shall be fully recourse to the Guarantor and, in each case, their properties and assets.
Limited Liability of Investors. None of the Investors, including the members of the Investors, nor the employees of the Investors, or any officer, director or shareholder of a constituent member of the Investors, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section or in any of the other provisions of the Loan Documents shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of Borrower, or of any Investor to make its Capital Contributions to Borrower in accordance with the terms of its Subscription Agreement. Notwithstanding anything contained in this Section 11.7, the payment and performance of the Obligations shall be fully recourse to Borrower and its Assets.
Limited Liability of Investors. Except with respect to any expenses and direct or actual losses (as opposed to Consequential Damages) arising from any Managing Entity’s fraud, willful misconduct or willful misapplication of proceeds in contravention of this Credit Agreement, for which there shall be full recourse to such Managing Entity (but, for the avoidance of doubt, no other Investor), none of the Investors shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 12.17 or in any of the other provisions of the Loan Documents, or other reports, financial statements, notices or certificates delivered in connection herewith and therewith, shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Fund Party, or of any Investor to make its Capital Contributions to a Fund in accordance with the terms of the applicable Governing Agreement and Subscription Agreement. Notwithstanding the foregoing or anything to the contrary in this Credit Agreement or any of the other Loan Documents, the obligations of each Investor under this Credit Agreement and the other Loan Documents is subject in all respects to the terms and conditions of the applicable Governing Agreement, and under no circumstances shall any Investor at any time have any liability in connection with, arising out of, or in any way related to, this Credit Agreement or any of the other Loan Documents, or any of the transactions contemplated by this Credit Agreement or any of the other Loan Documents, in an amount in excess of that required, as of such time, under the terms and conditions of the applicable Governing Agreement.
Limited Liability of Investors. Except with respect to any expenses and losses arising from any Loan Party’s General Partner’s gross negligence, intentional misrepresentation, fraud or willful misapplication of proceeds in contravention of this Credit Agreement (regardless of whether General Partner is acting in its own capacity or in its capacity as a manager or a general partner of a Loan Party), for which there will be full recourse to General Partner, none of the Investors, including the General Partner, will have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 13.16 or in any of the other provisions of the Loan Documents will be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Loan Party, or of any Investor to make its Capital Contributions to any Pledgor in accordance with the terms of the applicable Governing Agreement and its Subscription Agreement. Notwithstanding anything contained in this Section 13.16, the payment and performance of the Obligations is fully recourse to the Loan Parties (but not General Partner, except as expressly provided herein) and their respective properties and assets.
Limited Liability of Investors. Except with respect to any expenses and losses arising from any Loan Party’s or General Partner’s intentional misrepresentation hereunder, fraud or willful misapplication of proceeds in contravention of this Credit Agreement, for which there shall be full recourse to General Partner, none of the Investors, including the General Partner, shall have any personal, partnership, corporate or trust liability for the payment or performance of the Obligations. Nothing contained in this Section 13.16 or in any of the other provisions of the Loan Documents shall be construed to limit, restrict, or impede the obligations, the liabilities, and indebtedness of any Loan Party, or of any Investor to make its Capital Contributions to any Guarantor or Approved Intermediary, as applicable, in accordance with the terms of the applicable Governing Agreement and its Subscription Agreement. Notwithstanding anything contained in this Section 13.16, the payment and performance of the Obligations shall be fully recourse to Borrower (but not General Partner, except as expressly provided herein) and their respective properties and assets.
