Recourse Provisions. Subject to the qualifications below, Beneficiary shall not enforce the liability and obligation of Trustor to perform and observe the obligations contained in the Note, this Deed of Trust or in any of the other Loan Documents by any action or proceeding wherein a money judgment shall be sought against Trustor, except that Beneficiary may bring a foreclosure action, an action for specific performance or any other appropriate action or proceeding to enable Beneficiary to enforce and realize upon its interests under the Note, this Deed of Trust and the other Loan Documents, or in the Trust Property, the Rents (as defined in this Deed of Trust), or any other collateral given to Beneficiary pursuant to the Loan Documents; provided, however, that, except as specifically provided herein, any judgment in any such action or proceeding shall be enforceable against Trustor only to the extent of Trustor’s interest in the Trust Property, in the Rents and in any other collateral given to Beneficiary. By accepting the Note, this Deed of Trust and the other Loan Documents, Beneficiary agrees that it shall not except as otherwise herein provided, xxx for, seek or demand any deficiency judgment or other monetary judgment against Trustor in any such action or proceeding under or by reason of or under or in connection with the Note, this Deed of Trust or the other Loan Documents. The provisions of this paragraph shall not, however, (a) constitute a waiver, release or impairment of any obligation evidenced or secured by any of the Loan Documents; (b) impair the right of Beneficiary to name Trustor as a party defendant in any action or suit for foreclosure and sale under this Deed of Trust; (c) affect the validity or enforceability of any guaranty or indemnity made in connection with the Loan or any of the rights and remedies of the Beneficiary thereunder; (d) impair the right of Beneficiary to obtain the appointment of a receiver; (e) impair the enforcement of the Assignment of Leases; or (f) constitute a waiver of the right of Beneficiary to enforce the liability and obligation of Trustor, by money judgment or otherwise, to the extent of, but only to the extent of, any loss, damage, cost, expense, liability, claim or other obligation incurred by Beneficiary (including attorneys’ fees and costs reasonably incurred) arising out of or in connection with the following:
Recourse Provisions. (a) All Accepted Accounts shall be purchased by Factor with recourse against Client. The term "
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 sue for, seek or demand any deficiency judgment against any of the Bxxxower 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 Loans 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 ...
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. (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 121 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 121st 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 immediately 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 and Factor's Fee on the Accepted Account calculated at the time of Client's payment. If Factor does not receive an immediate payment from Client, Factor may, in addition to any other remedies available to Factor under this Agreement, immediately charge back to Client 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. All of the teiiiis and provisions of Section 13 of the Note are hereby incorporated in this Mortgage by this reference as if such tenus 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. 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. Notwithstanding the foregoing, Borrower and MCRLP shall each be liable for the “Recourse Guaranteed Amount”, if any, as such term is defined in the Partial Recourse Guaranty. Borrower and MCRLP acknowledge and agree that the Partial Recourse Guaranty and the recourse liability for the Recourse Guaranteed Amount, and each of the terms set forth above, have been reviewed and approved as acceptable to Borrower and MCRLP with respect to the risk that either Prentice Hall fails to exercise the Prentice Hall Renewal or New Cingular Wireless fails to exercise the New Cingular Wireless Renewal, and that the terms of the Partial Recourse Guaranty are not, and are not to be construed in any manner as, any penalty or punishment, but as fair and reasonable terms to address the risk of such occurrences (which risks are difficult to ascertain), and as the valid and binding contractual agreement of Borrower and MCRLP with Lender regarding the recourse liability of Borrower and MCRLP in the event of such occurrence, in consideration of which the extension of the Loan on the terms set forth herein is based.
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 APPENDIX A – Definitions and Rules of Construction 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
