Common use of Reimbursement, Subrogation, Etc Clause in Contracts

Reimbursement, Subrogation, Etc. Each Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Lease, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no Guarantor shall have any right of subrogation, and each Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease shall have been paid and satisfied in full, each Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 9 contracts

Samples: Lease Agreement (Hospitality Properties Trust), Guaranty Agreement (Travelcenters of America LLC), Guaranty Agreement (Travelcenters of America LLC)

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Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Lease, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 8 contracts

Samples: Guaranty Agreement (Senior Housing Properties Trust), Guaranty Agreement (Senior Housing Properties Trust), Guaranty Agreement (Senior Housing Properties Trust)

Reimbursement, Subrogation, Etc. Each Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Lease, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no Guarantor shall not have any right of subrogation, and each Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease shall have been paid and satisfied in full, each Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 6 contracts

Samples: Guaranty Agreement (Five Star Quality Care Inc), Guaranty Agreement (Five Star Quality Care Inc), Guaranty Agreement (Five Star Quality Care Inc)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts then owing with respect to the Restated Lease, and until all indebtedness of the Tenant to the Landlord such amounts shall have been paid in full, no the Guarantor shall have any no right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Guaranteed Obligations shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 6 contracts

Samples: Guaranty Agreement (Service Properties Trust), Guaranty Agreement (Service Properties Trust), Guaranty Agreement (Service Properties Trust)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Restated Lease, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Restated Lease shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 4 contracts

Samples: Guaranty Agreement (Service Properties Trust), Guaranty Agreement (Service Properties Trust), Guaranty Agreement (Service Properties Trust)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Master Lease, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 4 contracts

Samples: Guaranty Agreement (Senior Housing Properties Trust), Guaranty Agreement (Five Star Quality Care Inc), Guaranty Agreement (Senior Housing Properties Trust)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it the Guarantor will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts then due and owing but unpaid with respect to the Lease, and until all indebtedness of the Tenant to the Landlord shall Guaranteed Obligations have been paid satisfied in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord HPT which destroys its the Guarantor's subrogation rights or its the Guarantor's rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordHPT. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the LandlordHPT.

Appears in 3 contracts

Samples: Guaranty Agreement (Hospitality Properties Trust), Guaranty Agreement (Candlewood Hotel Co Inc), Guaranty Agreement (Candlewood Hotel Co Inc)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the LeaseAmended Lease No. 3, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 2 contracts

Samples: Guaranty Agreement (Senior Housing Properties Trust), Guaranty Agreement (Five Star Quality Care Inc)

Reimbursement, Subrogation, Etc. Each Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the LeaseAmended Lease No. 1 Documents, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no Guarantor shall not have any right of subrogation, and each Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Amended Lease No. 1 Documents shall have been paid and satisfied in full, each Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 2 contracts

Samples: Guaranty Agreement (Five Star Quality Care Inc), Guaranty Agreement (Senior Housing Properties Trust)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it the Guarantor will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (Manager or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the irrevocable payment in full of all amounts then due and owing with respect to but unpaid under the LeaseManagement Agreement, and until all indebtedness of the Tenant to the Landlord shall Guaranteed Obligations have been paid satisfied in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord HPT which destroys its the Guarantor's subrogation rights or its the Guarantor's rights to proceed against the Tenant Manager for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant Manager in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordHPT. Until all obligations of the Tenant Manager pursuant to the Lease Management Agreements shall have been irrevocably paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the TenantManager, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the LandlordHPT.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Hospitality Properties Trust), Stock Purchase Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the LeaseAmended Lease No. 2, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 2 contracts

Samples: Guaranty Agreement (Five Star Quality Care Inc), Guaranty Agreement (Senior Housing Properties Trust)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it the Guarantor will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts then due and owing but unpaid with respect to the Second Amended Lease, and until all indebtedness of the Tenant to the Landlord shall Guaranteed Obligations have been paid satisfied in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord HPT which destroys its the Guarantor's subrogation rights or its the Guarantor's rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordHPT. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the LandlordHPT.

Appears in 2 contracts

Samples: Guaranty Agreement (Candlewood Hotel Co Inc), Guaranty Agreement (Candlewood Hotel Co Inc)

Reimbursement, Subrogation, Etc. Each Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the LeaseFM Financing Lease Documents, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no Guarantor shall not have any right of subrogation, and each Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the FM Financing Lease Documents shall have been paid and satisfied in full, each Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 2 contracts

Samples: Guaranty Agreement (Five Star Quality Care Inc), Guaranty Agreement (Senior Housing Properties Trust)

Reimbursement, Subrogation, Etc. Each Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the LeaseAmended Lease No. 2 Documents, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no Guarantor shall not have any right of subrogation, and each Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Amended Lease No. 2 Documents shall have been paid and satisfied in full, each Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 2 contracts

Samples: Guaranty Agreement (Five Star Quality Care Inc), Guaranty Agreement (Senior Housing Properties Trust)

Reimbursement, Subrogation, Etc. Each Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the LeaseAmended Lease No. 4 Documents, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no Guarantor shall not have any right of subrogation, and each Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Amended Lease No. 4 Documents shall have been paid and satisfied in full, each Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 2 contracts

Samples: Guaranty Agreement (Senior Housing Properties Trust), Guaranty Agreement (Five Star Quality Care Inc)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the LeaseAmended Lease No. 4, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 2 contracts

Samples: Guaranty Agreement (Senior Housing Properties Trust), Guaranty Agreement (Five Star Quality Care Inc)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it the Guarantor will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Lease, and until all indebtedness of the Tenant to the Landlord HPT shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord HPT which destroys its the Guarantor's subrogation rights or its the Guarantor's rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordHPT. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the LandlordHPT.

Appears in 1 contract

Samples: Limited Guaranty Agreement (Wyndham Hotel Corp)

Reimbursement, Subrogation, Etc. Each Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the LeaseLease No. 5 Documents, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no Guarantor shall not have any right of subrogation, and each Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease No. 5 Documents shall have been paid and satisfied in full, each Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 1 contract

Samples: Guaranty Agreement (Five Star Quality Care Inc)

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Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Lease, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 1 contract

Samples: Guaranty Agreement (Life Time Fitness Inc)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it the Guarantor will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts then due and owing but unpaid with respect to the Amended and Restated Lease, and until all indebtedness of the Tenant to the Landlord shall Guaranteed Obligations have been paid satisfied in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord HPT which destroys its the Guarantor's subrogation rights or its the Guarantor's rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordHPT. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the LandlordHPT.

Appears in 1 contract

Samples: Guaranty Agreement (Candlewood Hotel Co Inc)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the New Lease, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 1 contract

Samples: Guaranty Agreement (Five Star Quality Care Inc)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Restated Lease, and until all indebtedness of the Tenant to the Landlord such amounts shall have been paid in full, no the Guarantor shall have any no right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Guaranteed Obligations shall have been paid and satisfied performed in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 1 contract

Samples: Guaranty Agreement (Service Properties Trust)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant Borrower (or any other person against whom the Landlord Lender may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the LeaseLoan Documents, and until all indebtedness of the Tenant Borrower to the Landlord Lender shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord Lender which destroys its subrogation rights or its rights to proceed against the Tenant Borrower for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant Borrower in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordLender. Until all obligations of the Tenant Borrower pursuant to the Lease Loan Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord Lender now has or may in the future have against the TenantBorrower, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the LandlordLender. 11.

Appears in 1 contract

Samples: Guaranty Agreement (Alterra Healthcare Corp)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it the Guarantor will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (Manager or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the irrevocable payment in full of all amounts then due and owing with respect to but unpaid under the LeaseManagement Agreement, and until all indebtedness of the Tenant to the Landlord shall Guaranteed Obligations have been paid satisfied in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord HPT which destroys its the Guarantor’s subrogation rights or its the Guarantor’s rights to proceed against the Tenant Manager for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant Manager in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordHPT. Until all obligations of the Tenant Manager pursuant to the Lease Transaction Documents shall have been irrevocably paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the TenantManager, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by HPT. Nothing contained in this SECTION 8 shall limit any of Guarantor’s rights under the LandlordManagement Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the LeaseAmended Lease No. 1, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 1 contract

Samples: Guaranty Agreement (Five Star Quality Care Inc)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it the Guarantor will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (Manager or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the irrevocable payment in full of all amounts then due and owing with respect to but unpaid under the LeaseManagement Agreement, and until all indebtedness of the Tenant to the Landlord shall Guaranteed Obligations have been paid satisfied in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord HPT which destroys its the Guarantor's subrogation rights or its the Guarantor's rights to proceed against the Tenant Manager for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant Manager in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordHPT. Until all obligations of the Tenant Manager pursuant to the Lease Transaction Documents shall have been irrevocably paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the TenantManager, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by HPT. Nothing contained in this SECTION 8 shall limit any of Guarantor's rights under the LandlordManagement Agreement.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Lease, and until all indebtedness of the Tenant to the Landlord such amounts shall have been paid in full, no the Guarantor shall have any no right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Guaranteed Obligations shall have been paid and satisfied performed in full, each the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 1 contract

Samples: Guaranty Agreement (Travelcenters of America LLC)

Reimbursement, Subrogation, Etc. Each The Guarantor hereby covenants and agrees that it the Guarantor will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (Manager or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the irrevocable payment in full of all amounts then due and owing with respect to but unpaid under the LeaseManagement Agreement, and until all indebtedness of the Tenant to the Landlord shall Guaranteed Obligations have been paid satisfied in full, no the Guarantor shall not have any right of subrogation, and each the Guarantor waives any defense it may have based upon any election of remedies by the Landlord HPT which destroys its the Guarantor's subrogation rights or its the Guarantor's rights to proceed against the Tenant Manager for reimbursement, including, without limitation, any loss of rights such the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant Manager in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordHPT. Until all obligations of the Tenant Manager pursuant to the Lease Transaction Documents shall have been irrevocably paid and satisfied in full, each the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the TenantManager, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by HPT. Nothing contained in this SECTION 8 shall limit the LandlordGuarantor's rights under SECTION 10.1(l) of the Management Agreement.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. Each Guarantor hereby covenants and agrees that it will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Lease, and until all indebtedness of the Tenant to the Landlord shall have been paid in full, no Guarantor shall have any right of subrogation, and each Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its subrogation rights or its rights to proceed against the Tenant for reimbursement, including, without limitation, any loss of rights such Guarantor may suffer by reason of any rights, powers or remedies of the Tenant in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord. Until all obligations of the Tenant pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, any other guarantor or any other person and any benefit of, or any right to participate in, any security whatsoever now or in the future held by the Landlord.

Appears in 1 contract

Samples: Guaranty Agreement (Five Star Quality Care Inc)

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