Relationship Between Borrower and Lender; No Third Party Beneficiaries. (a) Lender is not a partner of or joint venturer with Borrower or any other entity as a result of the Loan or Lender’s rights under the Loan Documents; the relationship between Lender and Borrower is strictly that of creditor and debtor. Each Loan Document is an agreement between the parties to that Loan Document for the mutual benefit of the parties and no entities other than the parties to that Loan Document will be a third party beneficiary or will have any claim against Lender or Borrower by virtue of the Loan Document. As between Lender and Borrower, any actions taken by Lender under the Loan Documents will be taken for Lender’s protection only, and Lender has not and will not be deemed to have assumed any responsibility to Borrower or to any other entity by virtue of Lender’s actions. (b) All conditions to Lender’s performance of its obligations under the Loan Documents are imposed solely for the benefit of Lender. No entity other than Lender will have standing to require satisfaction of the conditions in accordance with their provisions or will be entitled to assume that Lender will refuse to perform its obligations in the absence of strict compliance with any of the conditions.
Appears in 6 contracts
Samples: Loan Agreement (Industrial Property Trust Inc.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)
Relationship Between Borrower and Lender; No Third Party Beneficiaries. (a) Lender is not a partner of or joint venturer with Borrower or any other entity as a result of the Loan or Lender’s 's rights under the Loan Documents; the relationship between Lender and Borrower is strictly that of creditor and debtor. Each Loan Document is an agreement between the parties to that Loan Document for the mutual benefit of the parties and no entities other than the parties to that Loan Document will be a third party beneficiary or will have any claim against Lender or Borrower by virtue of the Loan Document. As between Lender and Borrower, any actions taken by Lender under the Loan Documents will be taken for Lender’s 's protection only, and Lender has not and will not be deemed to have assumed any responsibility to Borrower or to any other entity by virtue of Lender’s 's actions.
(b) All conditions to Lender’s 's performance of its obligations under the Loan Documents are imposed solely for the benefit of Lender. No entity other than Lender will have standing to require satisfaction of the conditions in accordance with their provisions or will be entitled to assume that Lender will refuse to perform its obligations in the absence of strict compliance with any of the conditions.
Appears in 5 contracts
Samples: Deed of Trust (Parkway Properties Inc), Deed of Trust (Neurocrine Biosciences Inc), Open End Leasehold Mortgage (Life Time Fitness Inc)
Relationship Between Borrower and Lender; No Third Party Beneficiaries. (a) Lender is not a partner of or joint venturer with Borrower or any other entity as a result of the Loan or Lender’s rights under the Loan Documents; the relationship between Lender Xxxxxx and Borrower Xxxxxxxx is strictly that of creditor and debtor. Each Loan Document is an agreement between the parties to that Loan Document for the mutual benefit of the parties and no entities other than the parties to that Loan Document will be a third party beneficiary or will have any claim against Lender or Borrower by virtue of the Loan Document. As between Lender and Borrower, any actions taken by Lender under the Loan Documents will be taken for LenderXxxxxx’s protection only, and Lender Xxxxxx has not and will not be deemed to have assumed any responsibility to Borrower or to any other entity by virtue of LenderXxxxxx’s actions.
(b) All conditions to LenderXxxxxx’s performance of its obligations under the Loan Documents are imposed solely for the benefit of Lender. No entity other than Lender will have standing to require satisfaction of the conditions in accordance with their provisions or will be entitled to assume that Lender Xxxxxx will refuse to perform its obligations in the absence of strict compliance with any of the conditions.
Appears in 2 contracts
Samples: Deed of Trust (Stratus Properties Inc), Mortgage Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Wells Real Estate Investment Trust Inc)
Relationship Between Borrower and Lender; No Third Party Beneficiaries. (a) Lender is not a partner of or joint venturer with Borrower or any other entity Person as a result of the Loan or Lender’s rights under the Loan Documents; the relationship between Lender and Borrower is strictly that of creditor and debtor. Each Loan Document is an agreement between the parties to that Loan Document for the mutual benefit of the parties and no entities other than the parties to that Loan Document will be a third party beneficiary or will have any claim against Lender or Borrower by virtue of the Loan Document. As between Lender and Borrower, any actions taken by Lender under the Loan Documents will be taken for Lender’s protection only, and Lender has not and will not be deemed to have assumed any responsibility to Borrower or to any other entity Person by virtue of Lender’s actions.
(b) All conditions to Lender’s performance of its obligations under the Loan Documents are imposed solely for the benefit of Lender. No entity Person other than Lender will have standing to require satisfaction of the conditions in accordance with their provisions or will be entitled to assume that Lender will refuse to perform its obligations in the absence of strict compliance with any of the conditions.
Appears in 1 contract
Samples: Loan Agreement (Phillips Edison Grocery Center Reit I, Inc.)