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 any officer, director, shareholder or employee of the Borrower except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Appears in 7 contracts
Samples: Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.), Credit Agreement (Istar Financial Inc)
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 General Partner or (ii) any general partner of Borrower other than General Partner, in each case except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employeeemployee or such general partner.
Appears in 7 contracts
Samples: Credit Agreement (Amb Property Lp), Revolving Credit Agreement (Amb Property Lp), Credit Agreement (Amb Property Lp)
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 any officer, director, shareholder or employee of the Borrower Borrower, except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Istar Financial Inc), Revolving Credit Agreement (Istar Financial Inc), Credit Agreement (Istar Financial Inc)
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.
Appears in 4 contracts
Samples: Credit Agreement (Smith Charles E Residential Realty Lp), Assignment and Assumption Agreement (Smith Charles E Residential Realty Lp), Credit Agreement (Smith Charles E Residential Realty Lp)
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the BorrowerBorrower and each Guarantor. 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 of any Guarantor except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Appears in 3 contracts
Samples: Credit Agreement (Istar Financial Inc), Credit Agreement (Istar Financial Inc), Credit Agreement (Istar Financial Inc)
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the BorrowerBorrower and each Guarantor. 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 Guarantor except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Appears in 3 contracts
Samples: Priority Credit Agreement (Istar Financial Inc), Second Priority Credit Agreement (Istar Financial Inc), First Priority Credit Agreement (Istar Financial Inc)
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 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 employeeemployee or such general partner.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Equity Office Properties Trust), Credit Agreement (Equity Office Properties Trust)
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, 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 employeeemployee or such general partner.
Appears in 3 contracts
Samples: Credit Agreement (Eop Operating LTD Partnership), Credit Agreement (Eop Operating LTD Partnership), Credit Agreement (Equity Office Properties Trust)
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 employeeemployee or such general partner.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Eop Operating LTD Partnership)
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 any officer, director, shareholder or employee of the Borrower except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee. Section 9.14.
Appears in 2 contracts
Samples: Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.)
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower and each Designated 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 Designated Borrower except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.β
Appears in 2 contracts
Samples: And Commitment Transfer Agreement (Istar Financial Inc), And Commitment Transfer Agreement (Istar Financial Inc)
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the BorrowerBorrowers. 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 Borrowers except in for damages, losses, costs and expenses incurred by any Lender or the event of Administrative Agent with respect to any fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Northstar Realty), Revolving Credit Agreement (Rait Investment Trust)
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 any officerlimited partner of Borrower or any of their or Borrower's or General Partner's respective officers, directordirectors, shareholder or employee of the Borrower employees except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Appears in 1 contract
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 any officer, director, shareholder or employee of the Borrower or EQR except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Appears in 1 contract
Samples: Revolving Credit Agreement (Equity Residential Properties Trust)
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower, each Designated Borrower and each Guarantor. 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, any Designated Borrower or any Guarantor except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.β
Appears in 1 contract
Samples: Istar Financial Inc
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 except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employeeGuarantor.
Appears in 1 contract
Samples: Term Loan Agreement (SeaCube Container Leasing Ltd.)
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower, each Designated Borrower and each Guarantor. 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, any Designated Borrower or any Guarantor except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Appears in 1 contract
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 any officerlimited partner of Borrower, directoror any of their or Borrower's or General Partner's respective officers, shareholder directors, or employee of the Borrower employees except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Appears in 1 contract
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, or (ii) any general partner of Borrower other than EOPT, in each case except in the event of fraud or misappropriation misappropria- tion of funds on the part of such officer, director, shareholder or employeeemployee or such general partner.
Appears in 1 contract
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 any officerlimited partner of Borrower, directorany shareholder of Guarantor or any of their or Borrower's or Guarantor's respective officers, shareholder or employee of the Borrower except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.directors,
Appears in 1 contract
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 General Partner or (ii) any general partner of 117 Borrower other than General Partner, in each case except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employeeemployee or such general partner.
Appears in 1 contract
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 any officerlimited partner of Borrower, directorany shareholder of Guarantor or any of their or Borrower's or Guarantor's respective officers, shareholder directors, shareholders or employee of the Borrower employees except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Appears in 1 contract
Samples: Revolving Credit Agreement (Irvine Apartment Communities L P)