Recourse Provisions. Subject to the qualifications below, Lender will not enforce the liability and obligation of Borrower to perform and observe the obligations contained in this Loan Agreement, the Note or in any of the Security Documents (other than the Guaranty Agreement) by any action or proceeding wherein a money judgment or personal liability is sought against Borrower or any other Released Parties,’ except that Lender may bring a foreclosure action, an action for specific performance or in any other appropriate action or proceeding to enable Lender to enforce and realize upon its interests under the Note, this Loan Agreement or the Security Documents or in the Mortgaged Property, or in any other collateral given to Borrower pursuant to this Loan Agreement and the Security Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding will be enforceable against Borrower only to the extent of Borrower’s interest in the Mortgaged Property, and Lender, by accepting this Loan Agreement, the Note and the Security Documents, agrees that it will not sxx for, seek or demand any deficiency judgment against Borrower or any of the other Released Parties in any such action or proceeding under, or because of, or in connection with this Loan Agreement, the Note or the Security Documents. The provisions of this section do not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by the Note, this Loan Agreement or any of the Security Documents; (b) impair Lender’s right to name Borrower as a party defendant in any action or suit for foreclosure and sale under the Indenture; (c) affect the validity or enforceability of any guaranty made in connection with the Debt or any of the rights and remedies of Lender thereunder; (d) impair Lender’s right to obtain the appointment of a receiver; (e) impair the enforcement of the Assignment of Lease; or (f) constitute a waiver of Lender’s right to enforce the liability and obligation of Borrower, by money judgment or otherwise but only to the extent of Borrower’s interest in the Mortgaged Property, to the extent Lender incurs any loss, damage, cost, expense, liability, claim or other obligation (including, attorneys’ fees and costs reasonably incurred) arising out of or in connection with the following:
(i) Borrower’s failure to account for Tenant’s security deposits, if any, for Rents or any other payment collected by Borrower from Tenant under t...
Recourse Provisions. (a) All Accepted Accounts shall be purchased by Factor with recourse against Client. The term “Recourse Event” shall include, without limitation, the following: (i) a breach of any representation or warranty or covenant of this Agreement by Client; (ii) the existence of any dispute of any kind, regardless of validity, now or hereafter arising, between Client and an Account Debtor, or between an Account Debtor and Factor, that is asserted by an Account Debtor as a basis for refusing to pay all or part of any Accepted Account (“Dispute”); (iii) the assertion by any Account Debtor, or by a bankruptcy trustee or any other party which is acting for an Account Debtor, of a claim of loss, counterclaim, refund, credit, return of goods, return of payment or offset of any kind against Client or Factor (“Claim”); and (iv) non-payment by the Account Debtor of the full amount of any Accepted Account 91 days after the purchase of such Accepted Account by Factor, or, if Factor believes, in Factor’s sole judgment, at any time prior to such 91st day, that the Account Debtor may be unable or unwilling to pay any Accepted Account; Client and Factor hereby agree that any Accepted Account covered by clause (iv) is a “defective good”. Upon the occurrence of any event described in clauses (i), (ii), (iii) or (iv) of the preceding sentence, Client will within 24 hours pay to Factor, on the Accepted Account which is subject to the Recourse Event, the amount of the Initial Payment on the Accepted Account plus the Commission on the Accepted Account and plus the aggregate Factor’s Fee on the Accepted Account for all days from the Initial Payment on such Accepted Account to the time of Client’s payment in full of the Accepted Account. Factor may also, in addition to any other remedies available to Factor under this Agreement, immediately charge back to Client (and/or, at Factor’s sole option, repurchase) any Accepted Account which is subject to a Recourse Event by taking funds out of the Reserve Account, or immediately exercise the remedies described in Section 10. With Factor’s agreement, Client may assign other accounts receivable which are acceptable to Factor, in substitution for an Accepted Account which is subject to a Recourse Event.
Recourse Provisions. Subject to the qualifications below, Lender shall not enforce the liability and obligation of Borrower or its constituent members, partners, shareholders, directors, employees or agents or the direct or indirect constituent members, partners, shareholders, directors, employees or agents thereof (collectively, the "BORROWER PARTIES") or any other Person, to perform and observe the obligations contained in this Deed of Trust, the Note or any of the other Loan Documents by any action or proceeding wherein a money judgment shall be sought against any of the Borrower Parties or any other Person, except that Lender may bring a foreclosure action, an action for specific performance or any other appropriate action or proceeding to enable Lender to enforce and realize upon the Trust Property, the Rents or any other collateral given to Lender pursuant to this Deed of Trust and the other Loan Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding shall be enforceable against the Borrower Parties only to the extent of their interest in the Trust Property, the Rents and in any other collateral given to Lender, and Lender, by accepting this Deed of Trust, the Note and the other Loan Documents, agrees that it shall not xxx for, seek or demand any deficiency judgment against any of the Borrower Parties or any other Person in any such action or proceeding under or by reason of or in connection with this Deed of Trust, the Note or any of the other Loan Documents. The provisions of this paragraph shall not, however, (i) constitute a waiver, release or impairment of any obligation evidenced or secured by this Deed of Trust, the Note or any of the other Loan Documents; (ii) impair the right of Lender to name any of the Borrower Parties, as a party defendant in any action or suit for foreclosure and sale under this Deed of Trust; (iii) affect the validity or enforceability of any guaranty made in connection with the Loan or any rights and remedies of Lender thereunder; (iv) impair the right of Lender to obtain the appointment of a receiver; (v) impair the enforcement of the Assignment of Leases and Rents executed in connection herewith; or (vi) constitute a waiver of the right of Lender to enforce the liability and obligation of Borrower (but not against any members of Borrower or their direct or indirect constituent members or partners or any other Person), by money judgment or otherwise, to the extent of any l...
Recourse Provisions. Notwithstanding anything to the contrary contained in this Security Instrument, the liability of Borrower and its officers, directors, general partners, managers, members and principals for the indebtedness secured hereby and for the performance of the other agreements, covenants and obligations contained herein and in the other Loan Documents shall be limited as set forth in Section 2.04 of the Note.
Recourse Provisions. 49 57. Defeasance ................................................................. 51 58.
Recourse Provisions. 73 58. Cash Management Agreement.............................................75 59. Management of the Trust Property......................................75 60. Servicer..............................................................76 61. Component Notes.......................................................76 62.
Recourse Provisions. All of the terms and provisions of Section 13 of the Note are hereby incorporated in this Mortgage by this reference as if such terms and provisions were set forth verbatim herein; provided that all references in such Section 13 to "Borrower" shall be deemed references to "Mortgagor," all references to "Lender" shall be deemed references to "Mortgagee," all references to "the Mortgage" shall be deemed references to "this Mortgage," and all references to "this Note" shall be deemed references to "the Note".
Recourse Provisions. Section 12.14 Governing Law; Submission to Jurisdiction Section 12.15 Waiver of Jury Trial Section 12.16 Consent Specific/No Deemed Waiver Section 12.17 No Forfeiture Section 12.18 Notices Section 12.19 Estoppel Certificates Section 12.20 Usury Laws Section 12.21 Approval of RVI Insurer EXHIBITS A Form of Note B Other Properties C Beneficial Owner Instrument of Accession and Assumption D Certificate of Compliance and Release E Instrument of Accession and Assumption F Certificate of Compliance and Release
Recourse Provisions. Borrowers’ and Guarantor’s liability under the Loan and the Loan Documents shall be limited as set forth in Paragraph 8 and Paragraph 9 of the Notes (and the liability under the Cross Collateral Guaranties shall be limited as therein set forth or incorporated by reference), all of which terms and provisions of such documents are incorporated herein by this reference.
Recourse Provisions. Because of the interests shared by the Authority and the academic community, the Authority wishes to be particularly sensitive to all complaints that advisors and consultants may have. A member of any one of the organizations of the Association may notify the Authority of any complaint which occurs as the of an incident arising from the application of this policy. result Should the complaint not be resolved to the satisfaction of the member, it may be' brought to the attention of the in writing, through the Association, and attempts w i l l be made to resolve it at that level. If the and the Authority's representatives are unable to settle the complaint, it shall then be referred to the Joint Standing Committee, composed of four ( 4 ) representatives of the Authority and four ( 4 ) representatives of the Association, solution. A majority vote of this Committee shall constitute a decision. Should the vote of the Committee result a tie, the Committee shall forward a written statement of facts to the Chairman of the Authority and President of the Association member that normally represents the consultant, who shall review the complaint and jointly provide guidance to the Committee for final resolution.
