Common use of Non-Recourse Exclusions Clause in Contracts

Non-Recourse Exclusions. With respect to any Non-Recourse Indebtedness of any Person, any usual and customary exclusions from the non-recourse limitations governing such Indebtedness, including, without limitation, exclusions for claims that (a) are based on fraud, intentional or material misrepresentation, misapplication of funds, gross negligence or willful misconduct, (b) result from intentional mismanagement of or waste at the real property securing such Non-Recourse Indebtedness, (c) relate to environmental matters, including those that arise from the presence of Hazardous Substances, in each case, at the real property securing such Non-Recourse Indebtedness, (d) are the result of any unpaid real estate taxes and assessments (whether contained in a loan agreement, promissory note, indemnity agreement or other document) or (e) result from the borrowing Subsidiary and/or its assets becoming the subject of any proceeding under voluntary or involuntary bankruptcy or other proceeding under any Insolvency Law.

Appears in 5 contracts

Samples: Credit Agreement (Global Net Lease, Inc.), Senior Secured Credit Agreement (Healthcare Trust, Inc.), Credit Agreement (Global Net Lease, Inc.)

AutoNDA by SimpleDocs

Non-Recourse Exclusions. With respect to any Non-Recourse Indebtedness of any Person, any usual and customary industry standard exclusions from the non-recourse limitations governing such Indebtedness, including, without limitation, exclusions for claims that (ai) are based on fraud, intentional or material misrepresentation, intentional misapplication or misappropriation of fundsfunds in a material amount, gross negligence or willful misconduct, (bii) result from intentional mismanagement of or physical waste at the real property Real Estate securing such Non-Recourse Indebtedness, (ciii) relate to environmental matters, including those that arise from the presence of Hazardous Substances, in each case, at Substances on the real property Real Estate securing such Non-Recourse IndebtednessIndebtedness (whether contained in a loan agreement, promissory note, indemnity agreement or other document), (div) are the result of any unpaid real estate taxes and assessments (whether contained in a loan agreement, promissory note, indemnity agreement or other document) ); or (ev) result from the borrowing Subsidiary and/or its assets becoming the subject of any proceeding under a voluntary or involuntary bankruptcy bankruptcy, insolvency or other proceeding under any Insolvency Lawsimilar proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Bluerock Residential Growth REIT, Inc.), Credit Agreement (Hertz Group Realty Trust, Inc.)

Non-Recourse Exclusions. With respect to any Non-Recourse Indebtedness of any Person, any usual and customary exclusions from the non-recourse non‑recourse limitations governing such Indebtedness, including, without limitation, exclusions for claims that (a) are based on fraud, intentional or material misrepresentation, misapplication of funds, gross negligence or willful misconduct, (b) result from intentional mismanagement of or waste at the real property securing such Non-Recourse Indebtedness, (c) relate to environmental matters, including those that arise from the presence of Hazardous Substances, in each case, at the real property securing such Non-Recourse Indebtedness, (d) are the result of any unpaid real estate taxes and assessments (whether contained in a loan agreement, promissory note, indemnity agreement or other document) or (e) result from the borrowing Subsidiary and/or its assets becoming the subject of any proceeding under voluntary or involuntary bankruptcy or other proceeding under any Insolvency Law.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Healthcare Trust, Inc.)

Non-Recourse Exclusions. With respect to any Non-Recourse Indebtedness of any Person, any usual and customary exclusions from the non-recourse non‑recourse limitations governing such Indebtedness, including, without limitation, exclusions for claims that (a) are based on fraud, intentional or material misrepresentation, misapplication of funds, gross negligence or willful misconduct, (b) result from intentional mismanagement of or waste at the real property Real Property securing US_ACTIVE\121755035\V-6 such Non-Recourse Indebtedness, (c) relate to environmental matters, including those that arise from the presence of Hazardous Substances, in each case, at Substances on the real property Real Property securing such Non-Recourse Indebtedness, (d) are the result of any unpaid real estate taxes and assessments (whether contained in a loan agreement, promissory note, indemnity agreement or other document) or (e) result from the borrowing Subsidiary and/or its assets becoming the subject of any proceeding under a voluntary or involuntary bankruptcy bankruptcy, insolvency or other proceeding under any Insolvency Lawsimilar proceeding.

Appears in 1 contract

Samples: Credit Agreement (GTJ Reit, Inc.)

AutoNDA by SimpleDocs

Non-Recourse Exclusions. With respect to any Non-Recourse Indebtedness of any Person, any usual and customary exclusions from the non-recourse limitations governing such Indebtedness, including, without limitation, exclusions for claims that (a) are based on fraud, intentional or material misrepresentation, misapplication of funds, gross negligence or willful misconduct, (b) result from intentional mismanagement of or waste at the real property securing such Non-Recourse Indebtedness, (c) relate to environmental matters, including those that arise from the presence of Hazardous Substances, in each case, at the real property securing such Non-Recourse Indebtedness, (d) are the result of any unpaid real estate taxes and assessments (whether contained in a loan agreement, promissory note, indemnity agreement or other document) or (e) result from the borrowing Subsidiary and/or its assets becoming the subject of any proceeding under a voluntary or involuntary bankruptcy bankruptcy, insolvency or other proceeding under any Insolvency Lawsimilar proceeding.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (American Realty Capital Healthcare Trust II, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!