Common use of Owner's Estate Clause in Contracts

Owner's Estate. Notwithstanding any other provision of this Agreement, in the event of any Event of Default by Owner pursuant to the terms of this Agreement, Management Company shall look only to Owner's estate and interest in the Site and the Hotel (which shall, for this purpose, include (i) amounts deposited in the Operating Accounts and in the FF&E Reserve, and (ii) accounts receivable) for the satisfaction of a money judgment against Owner resulting from such Event of Default, and no other property or assets of Owner, or of its partners, officers, directors, shareholders or principals, shall be subject to levy, execution or other enforcement procedure for the satisfaction of such judgment. Management Company's right to look to Owner's estate and interest in the Site and the Hotel for satisfaction of such a money judgment against Owner shall survive Termination and shall not be affected by any one or more Sales of the Hotel. Nothing contained in this Section 16.04 shall be deemed to affect or diminish Management Company's remedies under this Article XVI other than money damages against Owner (including, without limitation, Termination of this Agreement).

Appears in 2 contracts

Samples: Management Agreement (Crestline Capital Corp), Management Agreement (Desert Springs Marriott Limited Partnership)

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Owner's Estate. Notwithstanding any other provision provisions of this Agreement, in the event of any Event of Default by Owner pursuant to the terms of this Agreement, Management Company Operator shall look only to Owner's estate and interest in the Site and the Hotel Retirement Community (which shall, for this purpose, include but not be limited to, (i) amounts deposited in the Operating Accounts and in the FF&E Reserve, and (ii) accounts receivable) for the satisfaction of a money judgment against Owner resulting from such Event of Default, and no other property or assets of Owner, or of its partners, officers, directors, shareholders or principals, shall be subject to levy, execution or other enforcement procedure for the satisfaction of such judgment. Management CompanyOperator's right to look to Owner's estate and interest interests in the Site and the Hotel Retirement Community for satisfaction of such a money judgment against Owner shall survive Termination and shall not be affected by any one or more Sales of the HotelRetirement Community. Nothing contained in this Section 16.04 16.05 shall be deemed to affect or diminish Management CompanyOperator's remedies under this Article XVI 16 other than money damages against Owner (including, without limitation, Termination of this Agreement).

Appears in 1 contract

Samples: Operating Agreement (Five Star Quality Care Inc)

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Owner's Estate. Notwithstanding any other provision Subject to the express provisions of this the Pooling Agreement, in the event of any if an Event of Default by Owner occurs pursuant to the terms provisions of this Agreement, Management Company Manager shall look only to Owner's ’s estate and interest in the Site and the Hotel (which shall, for this purpose, include (i) amounts deposited in the Operating Accounts and in the FF&E Reserve, and (ii) accounts receivable) for the satisfaction of a money judgment against Owner resulting from such Event of Default, and no other property or assets of Owner, or of its partners, officers, directors, shareholders shareholders, principals or principalsAffiliates, shall be subject to levy, execution or other enforcement procedure for the satisfaction of such judgment. Management Company's Manager’s right to look to Owner's ’s estate and interest in the Site and the Hotel for satisfaction of such a money judgment against Owner shall survive Termination and shall not be affected by any one or more Sales of the Hotel. Nothing contained in this Section 16.04 11.25 shall be deemed to affect or diminish Management Company's Manager’s remedies under this Article XVI IX other than money damages against Owner (including, without limitation, Termination of this AgreementTermination).

Appears in 1 contract

Samples: Management Agreement (Gaylord Entertainment Co /De)

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