No Exculpation. This Agreement shall not be subject to any exculpation, non-recourse or other limitation of liability provisions in the Loan Documents, and Indemnitor acknowledges that Indemnitor's obligations under this Agreement are joint, several and unconditional, and are not limited by any such exculpation, non-recourse or similar limitation of liability provisions, if any, in the Loan Documents.
No Exculpation. No exculpatory, “non-recourse”, “limited recourse”, or other language contained in any other Loan Document or in any other document shall in any way prevent or limit Lender from enforcing this Guaranty against Guarantor personally.
No Exculpation. The obligations of Guarantor under this Guaranty are not limited or impaired by any provisions in the Loan Documents exculpating Borrower or Borrower’s partners from personal liability thereunder or limiting Xxxxxx’s recourse against Borrower or Borrower’s partners.
No Exculpation. Notwithstanding anything to the contrary in this Loan Guaranty or any other Loan Documents, no present or future, direct or indirect, shareholder, officer, director, employee, trustee, beneficiary, advisor, partner, member, principal, participant or agent of or in (a) Guarantor or (b) any Person that is or becomes a “Constituent Member” in Guarantor (in each case expressly excluding any additional or replacement guarantor that executes and delivers a joinder to this Loan Guaranty) shall have any personal liability, directly or indirectly, under or in connection with this Loan Guaranty, or any amendment or amendments hereto made at any time or times, heretofore or hereafter, and Administrative Agent on behalf of itself and each of its successors and assigns, hereby waives any and all such personal liability. A “Constituent Member” in Guarantor shall mean any direct shareholder, member or partner in Guarantor and any Person that, directly or indirectly through one or more other partnerships, limited liability companies, corporations or other entities, owns an interest in such Guarantor.
No Exculpation. Nothing contained in this Section or elsewhere in this Agreement shall be deemed to reduce the Commitment of any Bank or in any way affect the rights of the Borrower with respect to any Defaulting Lender or, if the Administrative Agent is a Defaulting Lender, the Administrative Agent. The status of any Bank as a Defaulting Lender shall not relieve any other Bank of its obligations to fund its Commitment or otherwise perform its obligations in accordance with the provisions of this Agreement.
No Exculpation. (a) Nothing contained herein shall in any manner or way release, affect or impair the right of Agent on behalf of the Lenders to recover, and Borrower shall be fully and personally liable and subject to legal action, for any loss, cost, expense, damage, claim or other obligation (including without limitation reasonable attorneys’ fees and court costs) incurred or suffered by Lender arising out of or in connection with the Notes, this Agreement, the Security Instruments or the other Loan Documents. Agent may enforce the liability and obligation of Borrower and Operating Lessee (as applicable) to perform and observe the obligations contained in the Notes, this Agreement, the Security Instruments or the other Loan Documents by any action or proceeding wherein a money judgment shall be sought against Borrower. Agent may bring a foreclosure action, an action for specific performance or any other appropriate action or proceeding to enable Lender to enforce and realize upon its interest under the Notes, this Agreement, the Security Instruments and the other Loan Documents, or in the Properties, the Rents, or any other collateral given to Agent pursuant to the Loan Documents and in the event that any judgment in any such action or proceeding shall be greater than the extent of Borrower’s or Operating Lessee’s interest in the Properties, in the Rents, in the Collateral and in any other collateral given to Agent, and Agent may sxx for, seek or demand any deficiency judgment against Borrower in any such action or proceeding under or by reason of or under or in connection with the Notes, this Agreement, the Security Instruments or the other Loan Documents.
No Exculpation. No exculpatory, “non-recourse”, “limited recourse”, or other language contained in the Grant Agreement or in any other document shall in any way prevent or limit NYSERDA from enforcing this Guaranty against Guarantor personally, but in no event may this Guaranty be enforced against the officers, directors, partners, employees, members, or principals of Guarantor.
No Exculpation. No provision hereof or any other Transaction Document shall be construed to relieve the Trustee from liability for its own grossly negligent actions, grossly negligent failures to act, bad faith or willful misconduct, except that:
No Exculpation. No provision of this Agreement shall be construed to relieve the Collateral Agent from liability for its own gross negligence or willful misconduct, except that:
No Exculpation. Subject to the last sentence of Section 4.3 hereof, the obligations of Guarantor under this Guaranty are not limited or impaired by any provisions in the Loan Documents exculpating Borrower or Borrower’s partners from personal liability thereunder or limiting Xxxxxx’s recourse against Borrower or Borrower’s partners. TIAA Authorization ID # AAA-7376; TIAA Inv. ID # 0006950 University Park Village Recourse Guaranty 15377682v.2 / 73828-000098 TIAA Authorization ID # AAA-7376 TIAA Inv. ID # 0006950
