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.
Appears in 5 contracts
Samples: Credit Agreement (Equity Office Properties Trust), Revolving Credit Agreement (Eop Operating LTD Partnership), Revolving Credit Agreement (Equity Office Properties Trust)
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 (i) any officer, director, shareholder, limited partner or employee of the Borrower or 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 EQR except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee or such general partneremployee.
Appears in 3 contracts
Samples: Credit Agreement (Equity Residential), Credit Agreement (Erp Operating LTD Partnership), Revolving Credit Agreement (Erp 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 (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 Bor- rower 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.
Appears in 1 contract
Samples: Term Loan Agreement (Equity Office Properties Trust)
