Common use of Reimbursement, Subrogation, Etc Clause in Contracts

Reimbursement, Subrogation, Etc. 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 either of the Sellers (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 Documents, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the Guarantor shall not have any right of subrogation, and 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease Documents shall have been paid and satisfied in full, the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 2 contracts

Samples: Guaranty Agreement (Alterra Healthcare Corp), Guaranty Agreement (Alterra Healthcare Corp)

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Reimbursement, Subrogation, Etc. 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 either of Tenant, the Sellers (PR Landlord 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 Lease DocumentsManagement Agreement, and until all indebtedness of the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and the Guarantor waives any defense it may have based upon any election of remedies by the Landlord Manager or the PR Tenant which destroys its the Guarantor's subrogation rights or its the Guarantor's rights to proceed against the Tenant or either of the Sellers PR Landlord, as the case may be, for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers PR Landlord in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordManager or the PR Tenant. Until all obligations of the Tenant and or the Sellers PR Landlord, as the case may be, pursuant to the Lease Transaction Documents shall have been irrevocably paid and satisfied in full, the Guarantor further waives any right to enforce any remedy which the Landlord Manager or the PR Tenant now has or may in the future have against the Tenant, the SellersPR Landlord, 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. 12Manager or the PR Tenant.

Appears in 2 contracts

Samples: Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. The Guarantor hereby covenants and agrees that it that, as long as no Event of Default has occurred and is continuing under the Transaction Documents, the Guarantor will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant or either of the Sellers (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 DocumentsLease, and until all indebtedness of the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, 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, the Sellers, 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. 12HPT.

Appears in 2 contracts

Samples: Limited Guaranty Agreement (Sholodge Inc), Limited Guaranty Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. 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 Managers, PR Tenant or either of the Sellers (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 Lease Documents, and until all indebtedness of Guaranteed Agreements. Until the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 Managers or PR Tenant or either of the Sellers for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Managers or PR Tenant or either of the Sellers 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 Managers and PR Tenant and the Sellers pursuant to the Lease Documents Guaranteed Agreements shall have been irrevocably paid and satisfied in full, the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the Managers, PR Tenant, the Sellers, 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 Landlord. 12Management Agreements.

Appears in 2 contracts

Samples: Consolidated Guaranty Agreement, Consolidated Guaranty Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. 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 either of the Sellers (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 Lease DocumentsManagement Agreement, and until all indebtedness of the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 or either of the Sellers Manager for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers Manager pursuant to the Lease Transaction Documents shall have been irrevocably paid and satisfied in full, 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, the SellersManager, 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 Landlord. 12Management Agreement.

Appears in 2 contracts

Samples: Management Agreement (Hospitality Properties Trust), Guaranty Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. The Each Subtenant 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 either of the Sellers (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 Amended Lease DocumentsNo. 1, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the no Subtenant Guarantor shall not have any right of subrogation, and the each Subtenant 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the such Subtenant Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Amended Lease No. 1 Documents shall have been paid and satisfied in full, the each Subtenant Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

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

Reimbursement, Subrogation, Etc. 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 Managers, PR Tenant or either of the Sellers (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 Lease Documents, and until all indebtedness of Guaranteed Agreements. Until the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 Managers or PR Tenant or either of the Sellers for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Managers or PR Tenant or either of the Sellers 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 Managers and PR Tenant and the Sellers pursuant to the Lease Documents Guaranteed Agreements shall have been irrevocably paid and satisfied in full, the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the Managers, PR Tenant, the Sellers, 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 Landlord. 12Management Agreements.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. 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 Managers, PR Tenant or either of the Sellers (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 Lease Documents, and until all indebtedness of Guaranteed Agreements. Until the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 Managers or PR Tenant or either of the Sellers for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Managers or PR Tenant or either of the Sellers 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 Managers and PR Tenant and the Sellers pursuant to the Lease Documents Guaranteed Agreements shall have been irrevocably paid and satisfied in full, the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the Managers, PR Tenant, the Sellers, 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 Landlord. 12Management Agreements.

Appears in 1 contract

Samples: Guaranty Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. 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 Managers, PR Tenant or either of the Sellers (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 Lease Documents, and until all indebtedness of Guaranteed Agreements. Until the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 Managers or PR Tenant or either of the Sellers for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Managers or PR Tenant or either of the Sellers 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 Managers and PR Tenant and the Sellers pursuant to the Lease Documents Guaranteed Agreements shall have been irrevocably paid and satisfied in full, the Guarantor further waives any right to enforce any remedy which the Landlord HPT now has or may in the future have against the Managers, PR Tenant, the Sellers, 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 Landlord. 12Management Agreements.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. The Guarantor hereby covenants and -------------------------------- agrees that it that, as long as no Event of Default has occurred and is continuing under the Transaction Documents, the Guarantor will not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant or either of the Sellers (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 DocumentsLease, and until all indebtedness of the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, 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, the Sellers, 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. 12HPT.

Appears in 1 contract

Samples: Guaranty Agreement (Homestead Village Inc)

Reimbursement, Subrogation, Etc. The Each Subtenant 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 either of the Sellers (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 Amended Lease DocumentsNo. 2, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the no Subtenant Guarantor shall not have any right of subrogation, and the each Subtenant 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the such Subtenant Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, the each Subtenant Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

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

Reimbursement, Subrogation, Etc. 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 either of the Sellers (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 Lease DocumentsManagement Agreement, and until all indebtedness of the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 or either of the Sellers Manager for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers Manager pursuant to the Lease Transaction Documents shall have been irrevocably paid and satisfied in full, 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, the SellersManager, 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 Landlord. 12Guarantor's rights under Section 10.1(l) of the Management Agreement.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. 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 either of the Sellers (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 Lease DocumentsManagement Agreement, and until all indebtedness of the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 or either of the Sellers Manager for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers Manager pursuant to the Lease Transaction Documents shall have been irrevocably paid and satisfied in full, 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, the SellersManager, 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 Landlord. 12Guarantor’s rights under SECTION 10.1(l) of the Management Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. 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 either of the Sellers (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 Lease DocumentsManagement Agreement, and until all indebtedness of the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 or either of the Sellers Manager for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers Manager pursuant to the Lease Transaction Documents shall have been irrevocably paid and satisfied in full, 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, the SellersManager, 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 Landlord. 12Management Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. The Subject to the applicable provisions of the Management Agreement, if any, the Guarantor hereby covenants and agrees that it will the Guarantor shall not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant or either of the Sellers (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 Documents, and until all indebtedness monetary obligations of the Tenant and under the Sellers to Leases. Until all monetary obligations of the Landlord Tenant under the Leases shall have been paid in full, the Guarantor shall not have any no right of subrogation, and the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its the Guarantor's subrogation rights or its the Guarantor's rights to proceed against the Tenant or either of the Sellers for reimbursement, (including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the Landlord). Until all monetary obligations of the Tenant and the Sellers pursuant to the Lease Documents Leases shall have been paid and satisfied in full, the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

Samples: Senior Housing Properties Trust

Reimbursement, Subrogation, Etc. The Guarantor hereby covenants and agrees that it will Guarantor shall not enforce or otherwise exercise any rights of reimbursement, subrogation, contribution or other similar rights against the Tenant or either of the Sellers (or any other person against whom the Landlord may proceed) with respect to the Guaranteed Obligations prior to the payment in full of the obligations of Tenant under the Lease. Until all amounts owing with respect to obligations of Tenant under the Lease Documents, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid and performed in full, the Guarantor shall not have any no right of subrogation, and the Guarantor waives any defense it may have based upon any election of remedies by the Landlord which destroys its Guarantor’s subrogation rights or its Guarantor’s rights to proceed against the Tenant or either of the Sellers for reimbursement, reimbursement (including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease Documents shall have been paid paid, performed and satisfied in full, the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

Samples: Guaranty (Rainmaker Systems Inc)

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Reimbursement, Subrogation, Etc. The Each Subtenant 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 either of the Sellers (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 DocumentsNo. 5, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the no Subtenant Guarantor shall not have any right of subrogation, and the each Subtenant 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the such Subtenant Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease No. 5 Documents shall have been paid and satisfied in full, the each Subtenant Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

Samples: Master Lease Agreement (Senior Housing Properties Trust)

Reimbursement, Subrogation, Etc. 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 either of the Sellers (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 Documents, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the Guarantor shall not have any right of subrogation, and 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease Documents shall have been paid and satisfied in full, the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

Samples: Guaranty Agreement (Brookdale Senior Living Inc.)

Reimbursement, Subrogation, Etc. The Guarantors hereby jointly and severally covenant and agree that no 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 either of the Sellers (or any other person against whom the Landlord HRP may proceed) with respect to the Guaranteed Obligations prior to the payment in full of all amounts owing with respect to the Lease DocumentsLease, and until all indebtedness of the Tenant and the Sellers to the Landlord HRP shall have been paid in full, the no Guarantor shall not have any right of subrogation, and each of the Guarantor Guarantors waives any defense it may have based upon any election of remedies by the Landlord HRP which destroys its such Guarantor's subrogation rights or its such Guarantor's rights to proceed against the Tenant or either of the Sellers for reimbursement, including, without limitation, any loss of rights the such Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers in connection with any anti-deficiency laws or any other laws limiting, qualifying or discharging the indebtedness to the LandlordHRP. Until all obligations of the Tenant and the Sellers pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, each of the Guarantor Guarantors further waives any right to enforce any remedy which the Landlord HRP now has or may in the future have against the Tenant, the Sellers, 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. 12HRP.

Appears in 1 contract

Samples: Guaranty Agreement (Senior Housing Properties Trust)

Reimbursement, Subrogation, Etc. 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 either of the Sellers (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 Lease DocumentsManagement Agreement, and until all indebtedness of the Tenant and the Sellers to the Landlord shall Guaranteed Obligations have been paid satisfied in full, the Guarantor shall not have any right of subrogation, and 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 or either of the Sellers Manager for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers Manager pursuant to the Lease Transaction Documents shall have been irrevocably paid and satisfied in full, 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, the SellersManager, 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 Landlord. 12Guarantor’s rights under Section 10.1(l) of the Management Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Hospitality Properties Trust)

Reimbursement, Subrogation, Etc. The Each Subtenant 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 either of the Sellers (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 Amended Lease DocumentsNo. 2, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the no Subtenant Guarantor shall not have any right of subrogation, and the each Subtenant 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the such Subtenant Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Amended Lease No. 2 Documents shall have been paid and satisfied in full, the each Subtenant Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

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

Reimbursement, Subrogation, Etc. The Each Subtenant 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 either of the Sellers (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 Amended Lease DocumentsNo. 3, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the no Subtenant Guarantor shall not have any right of subrogation, and the each Subtenant 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the such Subtenant Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, the each Subtenant Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

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

Reimbursement, Subrogation, Etc. 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 either of the Sellers (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 Documents, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the Guarantor shall not have any right of subrogation, and 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease Documents shall have been paid and satisfied in full, the Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 1211.

Appears in 1 contract

Samples: Guaranty Agreement (Alterra Healthcare Corp)

Reimbursement, Subrogation, Etc. The Each Subtenant 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 either of the Sellers (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 Amended Lease DocumentsNo. 1, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the no Subtenant Guarantor shall not have any right of subrogation, and the each Subtenant 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the such Subtenant Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, the each Subtenant Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

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

Reimbursement, Subrogation, Etc. The Each Subtenant 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 either of the Sellers (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 Amended Lease DocumentsNo. 4, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the no Subtenant Guarantor shall not have any right of subrogation, and the each Subtenant 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the such Subtenant Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Lease Transaction Documents shall have been paid and satisfied in full, the each Subtenant Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

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

Reimbursement, Subrogation, Etc. The Each Subtenant 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 either of the Sellers (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 Amended Lease DocumentsNo. 4, and until all indebtedness of the Tenant and the Sellers to the Landlord shall have been paid in full, the no Subtenant Guarantor shall not have any right of subrogation, and the each Subtenant 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 or either of the Sellers for reimbursement, including, without limitation, any loss of rights the such Subtenant Guarantor may suffer by reason of any rights, powers or remedies of the Tenant or either of the Sellers 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 and the Sellers pursuant to the Amended Lease No. 4 Documents shall have been paid and satisfied in full, the each Subtenant Guarantor further waives any right to enforce any remedy which the Landlord now has or may in the future have against the Tenant, the Sellers, 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. 12.

Appears in 1 contract

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

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