No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 16 contracts
Samples: Indemnity and Guaranty Agreement (Moody National REIT I, Inc.), Environmental Indemnity Agreement (NNN Healthcare/Office REIT, Inc.), Indemnity and Guaranty Agreement (NNN Healthcare/Office REIT, Inc.)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor Guarantor of any liability hereunder, Indemnitor Guarantor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property Collateral of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor Guarantor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor Guarantor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor Guarantor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor Guarantor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor Guarantor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of IndemnitorGuarantor’s obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from securing the Loan. Further, Indemnitor Guarantor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement Guaranty or under the provisions of any of the other Loan Documents.
Appears in 7 contracts
Samples: Guaranty and Indemnity Agreement (Innolog Holdings Corp.), Guaranty Agreement (Innolog Holdings Corp.), Guaranty and Indemnity Agreement (Innolog Holdings Corp.)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s 's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 5 contracts
Samples: Indemnity and Guaranty Agreement (Cornerstone Realty Income Trust Inc), Indemnity and Guaranty Agreement (Host Funding Inc), Indemnity and Guaranty Agreement (Cornerstone Realty Income Trust Inc)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor Principal of any liability hereunder, Indemnitor Principal shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor Principal expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor Principal hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor Principal hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor Principal to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor Principal shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s Principal's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, neither Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 3 contracts
Samples: Environmental Indemnity Agreement (Apple Suites Inc), Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc), Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan unless and until Indemnitor fully satisfies the payment of the Loan, all other amounts due under the Loan Documents, and the Indemnified Liabilities have been indefeasibly paid in full. In connection with the foregoing, Indemnitor expressly waives any and all rights of subrogation to Lender against BorrowerBorrower (except as expressly provided above), and Indemnitor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s 's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 2 contracts
Samples: Indemnity and Guaranty Agreement (Maxxam Inc), Indemnity and Guaranty Agreement (Maxxam Inc)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor (i) from and after the occurrence and during the continuance of an Event of Default shall not demand or accept any payment of principal or interest from Borrower, (ii) shall not claim any offset or other reduction of Indemnitor’s 's obligations hereunder because of any such indebtedness and (iii) shall not take any action to obtain any of the collateral from the Loan. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 2 contracts
Samples: Indemnity and Guaranty Agreement (Wellsford Real Properties Inc), Indemnity and Guaranty Agreement (Wellsford Real Properties Inc)
No Subrogation; No Recourse Against Lender. Notwithstanding the ------------------------------------------ satisfaction by Indemnitor Principal of any liability hereunder, Indemnitor Principal shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor Principal expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor Principal hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor Principal hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor Principal to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor Principal shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s Principal's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, neither Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 2 contracts
Samples: Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc), Environmental Indemnity Agreement (Apple Suites Inc)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor Principal of any liability hereunder, Indemnitor Principal shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor Principal expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor Principal hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor Principal hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor Principal to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor Principal shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of IndemnitorPrincipal’s obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, neither Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Environmental Indemnity Agreement (Apple Hospitality Two Inc)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor Principal of any liability hereunder, Indemnitor Principal shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower Assumptor or to any collateral for the Loan. In connection with the foregoing, Indemnitor Principal expressly waives any and all rights of subrogation to Lender against BorrowerAssumptor, and Indemnitor Principal hereby waives any rights to enforce any remedy which Lender may have against Borrower Assumptor and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor Principal hereby subordinates any and all indebtedness of Borrower Assumptor now or hereafter owed to Indemnitor Principal to all indebtedness of Borrower Assumptor to Lender, and agrees with Lender that Indemnitor Principal shall not demand or accept any payment of ~Doc# 137204.3- principal or interest from BorrowerAssumptor, shall not claim any offset or other reduction of Indemnitor’s Principal's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, neither Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Hazardous Substances Indemnity Agreement (Inland Diversified Real Estate Trust, Inc.)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right Indemnitor's rights of subrogation, contribution, reimbursement or indemnity whatsoever indemnity, if any, or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the LoanLoan shall (a) be subject and subordinate to the rights of Lender and (b) shall not be exercised until such time, if any, as the Loan is paid in full. In connection with the foregoing, Indemnitor expressly waives agrees not to exercise any and all rights of subrogation to Lender against Borrower, and Indemnitor hereby waives agrees not to exercise any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s 's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the LoanLoan until such time, if any, as the Loan is paid in full. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (President Casinos Inc)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the LoanBorrower. In connection with the foregoing, Indemnitor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal indebtedness or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s 's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from securing the Loan. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor Guarantor of any liability hereunder, Indemnitor Guarantor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor Guarantor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor Guarantor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor Guarantor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor Guarantor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor Guarantor shall not demand or accept any payment of principal Guarantor or interest from Borrower, shall not claim any offset or other reduction of IndemnitorGuarantor’s obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from securing the Loan. Further, Indemnitor Guarantor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement Guaranty or under the provisions of any of the other Loan Documents.
Appears in 1 contract
Samples: Guaranty and Indemnity (American Realty Capital New York Recovery Reit Inc)
No Subrogation; No Recourse Against Lender. Notwithstanding the ------------------------------------------ satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any any, right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s 's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Discovery Investments Inc)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents, except for any action arising from the gross negligence or willful misconduct of Lender.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor the Indemnitors of any liability hereunder, no Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or any Guarantor or to any collateral for the LoanLoans. In connection with the foregoing, each Indemnitor expressly waives any and all rights of subrogation to Lender the Agent and the Lenders against BorrowerBorrower or any Guarantor, and Indemnitor hereby waives any rights to enforce any remedy which Lender the Agent or the Lenders may have against Borrower or any Guarantor and any right to participate in any collateral for the LoanLoans. In addition to and without in any way limiting the foregoing, each Indemnitor hereby subordinates any and all indebtedness of Borrower or any Guarantor now or hereafter owed to Indemnitor to all indebtedness of Borrower or any such Guarantor to Lenderthe Agent and the Lenders under the Loan Documents, and agrees with Lender the Agent (on its behalf and on behalf of the Lenders) that such Indemnitor shall not demand or accept any payment of principal or interest from BorrowerBorrower or any Guarantor, shall not claim any offset or other reduction of such Indemnitor’s 's obligations hereunder because of any such indebtedness and shall not take any action to obtain a release of any of the collateral from for the LoanLoans. Further, no Indemnitor shall not have any right of recourse against the Agent or any Lender by reason of any action the Agent or any Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (American Financial Realty Trust)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the LoanLoan until the Loan is paid in full. In connection with the foregoing, until the Loan is paid in full, Indemnitor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the LoanLoan until the Loan is paid in full. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the LoanEXHIBIT 10.4 Loan until the Loan is paid in full. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Indemnity, Guaranty and Suretyship Agreement (Behringer Harvard Opportunity REIT I, Inc.)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor Guarantor of any liability hereunder, Indemnitor Guarantor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor Guarantor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor Guarantor hereby waives any rights to enforce any remedy which that Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor Guarantor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor Guarantor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor Guarantor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s Guarantor's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, Indemnitor Guarantor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: General Host Corp
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor Principal of any liability hereunder, Indemnitor Principal shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor Principal expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor Borrower,-and Principal hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor Principal hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor Principal to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor Principal shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of IndemnitorPrincipal’s obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, neither Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Indemnity Agreement (Secured Investment Resources Fund Lp Ii)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor Guarantor of any liability hereunder, Indemnitor Guarantor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor Guarantor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor Guarantor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor Guarantor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor Guarantor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor Guarantor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of IndemnitorGuarantor’s obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, neither Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents, except for Lender’s gross negligence or willful misconduct.
Appears in 1 contract
Samples: Hazardous Substances Indemnity Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower Assumptor or to any collateral for the Loan. In connection with the foregoing, Indemnitor expressly waives any and all rights of subrogation to Lender against BorrowerAssumptor, and Indemnitor hereby waives any rights to enforce any remedy which Lender may have against Borrower Assumptor and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower Assumptor now or hereafter owed to Indemnitor to all indebtedness of Borrower Assumptor to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal or interest from BorrowerAssumptor, shall not claim any offset or other reduction of Indemnitor’s 's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Inland Diversified Real Estate Trust, Inc.)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor Guarantor of any liability hereunder, Indemnitor Guarantor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor Guarantor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor Guarantor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor Guarantor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor Guarantor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor Guarantor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of IndemnitorGuarantor’s obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, Indemnitor Guarantor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Substances Indemnity Agreement (Moody National REIT I, Inc.)
No Subrogation; No Recourse Against Lender. Notwithstanding the ------------------------------------------ satisfaction by Indemnitor of any liability hereunder, Indemnitor shall not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the Loan. In connection with the foregoing, Indemnitor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the Loan. In addition to and without in any way limiting the foregoing, Indemnitor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal or interest from Borrower, shall not claim any offset or other reduction of Indemnitor’s 's obligations hereunder because of any such indebtedness and shall not take any action to obtain any of the collateral from the Loan. Further, Indemnitor shall not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Apple Suites Inc)
No Subrogation; No Recourse Against Lender. Notwithstanding the satisfaction by Indemnitor Guarantor of any liability hereunder, Indemnitor shall Guarantor will not have any right of subrogation, contribution, reimbursement or indemnity whatsoever or any right of recourse to or with respect to the assets or property of Borrower or to any collateral for the LoanCollateral. In connection with the foregoing, Indemnitor Guarantor expressly waives any and all rights of subrogation to Lender against Borrower, and Indemnitor Guarantor hereby waives any rights to enforce any remedy which Lender may have against Borrower and any right to participate in any collateral for the LoanCollateral. In addition to and without in any way limiting the foregoing, Indemnitor Guarantor hereby subordinates any and all indebtedness of Borrower now or hereafter owed to Indemnitor Guarantor to all indebtedness of Borrower to Lender, and agrees with Lender that Indemnitor shall not demand or accept any payment of principal or interest from Borrower, shall will not claim any offset or other reduction of IndemnitorGuarantor’s obligations hereunder because of any such indebtedness and shall will not take any action to obtain collateral for or on account of any of the collateral from the Loansuch indebtedness. Further, Indemnitor shall Guarantor will not have any right of recourse against Lender by reason of any action Lender may take or omit to take under the provisions of this Agreement Guaranty, other than any action or inaction that would constitute a breach by Lender of the provisions of this Guaranty, or under the provisions of any of the Loan Documents.
Appears in 1 contract
Samples: Artesian Resources Corp