Multiple Lenders. This Lending Agreement shall, and shall be deemed to, create a separate agreement for each series or investment company (in the case of an investment company that does not consist of a separate series) listed on Exhibit A. For any Loan, each reference in this Lending Agreement to Lender shall be, and shall be deemed to be, a reference solely to the particular series or investment company to which that Loan relates. In no circumstances shall the rights, obligations or remedies with respect to a particular series or investment company, as the case may be, constitute a right, obligation or remedy with respect to any other series or investment company. Specifically, and without limiting the scope of the foregoing, Bank shall have no right to set off claims of, or amounts payable to, one series or investment company, as the case may be, by applying property of any other series or investment company.
Multiple Lenders. If an Event of Default occurs with regards to a Borrower with multiple Lenders, the Borrower will not make or permit any payment or prepayment of any Loans owing by Borrower unless Borrower concurrently makes a pro-rata payment or prepayment of all loans owing by Borrower.
Multiple Lenders. For any Loan under this Agreement, each reference in the Agreement to Lender shall be deemed a reference solely to the particular Lender to which such Loan relates. In no circumstances shall the rights, obligations or remedies of Manager with respect to a particular Lender constitute a right, obligation or remedy applicable to any other lender. Furthermore, in no circumstances shall the rights, obligations or remedies of a particular Lender with respect to Manager be applicable to any other lender with respect to Manager. With respect to any Lender that is organized as a business trust (or a series thereof), Manager is hereby expressly put on notice of the limitation of liability set forth in the Declaration of Trust or similar instrument of such Lender and agrees that the obligations assumed by such Lender hereunder shall be limited in all cases to that Lender and its assets, and Manager shall not seek satisfaction of any such obligation from the officers, agents, employees, directors, trustees, or shareholders of such Lender.
Multiple Lenders. This agreement shall be deemed to create a separate agreement for each Customer as though each Customer separately executed an identical agreement. For any Loan under this Agreement, each reference in the Agreement to Customer shall be deemed a reference solely to the particular Customer to which such Loan relates. In no circumstances shall the rights, obligations or remedies of the Bank with respect to a particular Customer constitute a right, obligation or remedy applicable to any other Customer. Specifically, and without otherwise limiting the scope of this Section, the Bank shall have no right to set off claims or amounts payable related to one Customer by applying property of any other Customer. Furthermore, in no circumstances shall the rights, obligations or remedies of a particular Customer with respect to the Bank constitute a right, obligation or remedy of any other Customer with respect to the Bank.
Multiple Lenders. If at any time multiple Lenders exist on a single Lot 5 Condominium Unit: (a) any consent by or notice to Lender refers to all Lenders:
Multiple Lenders. If more than one Lender holds the Debentures, the Lenders (i) shall make all decisions required or permitted under this Loan Agreement and any other Loan Instrument (including, without limitation, consents, approvals, waivers and other matters) by affirmative vote of the Lenders holding more than 50% of the outstanding principal amount of the Debentures and (ii) shall appoint one representative to act on behalf of all Lenders for purposes of giving and receiving notices to and from the Borrower and taking other actions under this Loan Agreement and the Loan Instruments (such as auditing the books and records of the Borrower). The initial representative of the Lenders is JEL. The representative can be changed upon affirmative vote of the Lenders in accordance with (i) above and written notice to the Borrower of the new representative. For so long as JEL and Xxxxx X. Xxxxx are the only Lender, JEL shall always be the representative of the Lender for all purposes.
Multiple Lenders. 12 SECTION 6. MISCELLANEOUS....................................................... 12
Multiple Lenders. Each representation, warranty, certification, covenant or other obligation of any Lender made or given in this Agreement, the other Loan Documents or the Application shall be deemed a several representation, warranty, certification, covenant or other obligation of each Lender such that no Lender shall be liable for the acts or omissions of any other Lenders, and the obligation of the Board to any Tranche A Lender shall not be affected by the acts or omissions of any other Lender (including, without limitation, the failure by the Tranche B Lender to comply with or perform any of its obligations hereunder or under any other Loan Document or the breach or incorrectness of any representation, warranty or certification made by the Tranche B Lender herein, in any other Loan Document or in the Application).
Multiple Lenders. INTERPRETATION
Multiple Lenders. 33 8.8 New Lease Priority.............................................................................34 8.9 Liability of New Tenant........................................................................34 8.10 Subleases and Rents............................................................................34 8.11
