Common use of Remedies of Borrowers Clause in Contracts

Remedies of Borrowers. In the event that a claim or adjudication is made that Lender or its agents have acted unreasonably or unreasonably delayed acting in any case where by Applicable Law or under this Agreement, the Security Instrument, the Note and the other Loan Documents, Lender or such agent, as the case may be, has an obligation to act reasonably or promptly, Borrowers agree that neither Lender nor its agents shall be liable for any monetary damages, and Borrowers’ sole remedies shall be limited to commencing an action seeking injunctive relief or declaratory judgment. The parties hereto agree that any action or proceeding to determine whether Lender has acted reasonably shall be determined by an action seeking declaratory judgment. Lender agrees that, in such event, it shall cooperate in expediting any action seeking injunctive relief or declaratory judgment.

Appears in 2 contracts

Samples: Loan Agreement (STAG Industrial, Inc.), Loan Agreement (Glimcher Realty Trust)

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Remedies of Borrowers. In the event that a claim or adjudication is made that Lender or its agents have agents, has acted unreasonably or unreasonably delayed acting in any case where by Applicable Law law or under this Agreement, the Security InstrumentNotes, the Note and Mortgages or the other Loan Documents, Lender or such agent, as the case may be, has an obligation to act reasonably or promptly, the Borrowers agree that neither Lender nor its agents agents, shall be liable for any monetary damages, and Borrowers' sole remedies shall be limited to commencing an action seeking injunctive relief or declaratory judgment. The parties hereto agree that any action or proceeding to determine whether Lender has acted reasonably shall be determined by an action seeking declaratory judgment. Lender agrees that, in such event, it shall cooperate in expediting any action seeking injunctive relief or declaratory judgment.

Appears in 1 contract

Samples: Loan Agreement (Continental Health Affiliates Inc)

Remedies of Borrowers. In the event that a claim or adjudication is made that Lender or its agents have acted unreasonably or unreasonably delayed acting in any case where by Applicable Law law or under this Agreement, the Security Instrument, the Note and Agreement or the other Loan Documents, Lender or such agent, as the case may be, has an obligation to act reasonably or promptly, Borrowers agree each Borrower agrees that neither Lender nor its agents shall be liable for any monetary damages, and Borrowers’ each Borrower's sole remedies shall be limited to commencing an action joined by each of the Borrowers seeking injunctive relief or declaratory judgment. The parties hereto agree that any action or proceeding to determine whether Lender has acted reasonably shall be determined by an a single action joined by all of the Borrowers seeking declaratory judgment. Lender agrees that, in such event, it shall cooperate in expediting any action seeking injunctive relief or declaratory judgment.

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

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Remedies of Borrowers. In the event that a claim or adjudication is made that a Lender or its agents have acted unreasonably or unreasonably delayed acting in any case where by Applicable Law law or under this Agreement, the Security Instrument, the Note and Agreement or the other Loan Documents, such Lender or such agent, as the case may be, has an obligation to act reasonably or promptly, Borrowers agree each Borrower agrees that neither such Lender nor its agents shall be liable for any monetary damages, and Borrowers’ each Borrower’s sole remedies shall be limited to commencing an action seeking injunctive relief or declaratory judgment. The parties hereto agree that any action or proceeding to determine whether a Lender has acted reasonably shall be determined by an action seeking declaratory judgment. Lender agrees that, in such event, it shall cooperate in expediting any action seeking injunctive relief or declaratory judgment.

Appears in 1 contract

Samples: Credit Agreement (STORE CAPITAL Corp)

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