Recourse Obligation Sample Clauses

Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Loan Parties. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against any officer, director, shareholder or employee of any Loan Party or any general partner of any Loan Party (other than General Partner as the General Partner of Prologis), in each case except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee or such general partner.

Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against (i) any officer, director, shareholder or employee of the Borrower or EOPT (other than pursuant to the Acorn Guaranty (as defined in the EOPT Guaranty)) or (ii) any general partner of Borrower other than EOPT, in each case except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee or such general partner.

Recourse Obligation. (a) This Agreement and the Obligations hereunder are fully recourse to the Borrower. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against any officer, director, shareholder or employee of the Borrower or CESRRI except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee. (b) Subject to the exceptions and qualifications set forth hereinbelow, the general and limited partners of Borrower and any Consolidated Subsidiary shall not be personally liable for the payment of the Obligations of the Borrower and any Consolidated Subsidiary respectively, and any judgment or decree in any action brought to enforce any Obligation shall be enforceable only against the Borrower and any Consolidated Subsidiary and the assets of Borrower and any Consolidated Subsidiary, and any such judgment or decree shall not be subject to execution upon or be a lien upon the assets of the general or limited partners of the Borrower other than their respective partnership interests in Borrower and any Consolidated Subsidiary. Notwithstanding the foregoing, the general partner of Borrower shall be fully and personally liable as general partner for the following: (i) the commission of fraud by the Borrower or any material misrepresentation made by the Borrower in connection with, arising out of, or in any way related or incidental to the application for or closing of this Agreement, the Notes or any advance made thereunder, or any of the Loan Documents executed or delivered in connection herewith or the transactions related hereto or thereto; and (ii) any fraudulent conveyance made by Borrower, CESRRI or any Subsidiary. Nothing contained herein shall affect, reduce or otherwise limit the obligations of any Consolidated Subsidiary on the Guaranty furnished by any such party.

Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower, to each Qualified Borrower, to any Down REIT pursuant to any Down REIT Guaranty and, if the Parent Guaranty is in effect, to EQR pursuant to the Parent Guaranty. Notwithstanding anything to the contrary contained in this Agreement, in any of the other Loan Documents, or in any other instruments, certificates, documents or agreements executed in connection with this Agreement (all of the foregoing, for purposes of this Section, hereinafter referred to, individually and collectively, as the “Relevant Documents”), no recourse under or upon any Obligation, representation, warranty, promise or other matter whatsoever shall be had against any of the constituent partners of the Borrower or their successors and assigns (said constituent partners and their successors and assigns, for purposes of this Section, hereinafter referred to, individually and collectively, as the “OP Partners”; provided, for purposes of this Section, OP Partners shall exclude EQR if the Parent Guaranty is in effect).

Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Credit Parties. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against any officer, director, shareholder or employee of any Credit Party or any general partner of any Credit party (other than AMB Corporation as the General Partner of AMB LP), in each case except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee or such general partner.

Recourse Obligation. 98 SECTION 9.15. Confidentiality....................................................... 99 SECTION 9.16. Bank's Failure to Fund................................................ 99 SECTION 9.17.

Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower and to EQR pursuant to the EQR Guaranty and to any Down REIT Guarantor pursuant to any Down REIT Guaranty. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against any officer, director, shareholder or employee of the Borrower or any officer, director, shareholder or employee of EQR except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.

Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower and each Qualified Borrower. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against (i) any officer, director, shareholder or employee of the Borrower or EOPT, or (ii) any general partner of Borrower other than EOPT, in each case except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee or such general partner.

Recourse Obligation. 79 Section 9.16 Confidentiality................................................................................. 79 Section 9.17 Legal Rate...................................................................................... 80 Section 9.18