Successive Actions. A separate right of action hereunder shall arise each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 30 contracts
Samples: Indemnity and Guaranty Agreement, Indemnity and Guaranty Agreement, Indemnification & Liability (IMH Financial Corp)
Successive Actions. A separate right of action hereunder shall arise each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor Indemnitors under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor Indemnitors hereby waives waive and covenants covenant not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 10 contracts
Samples: Hazardous Substances Indemnity Agreement (Moody National REIT I, Inc.), Hazardous Substances Indemnity Agreement (Inland Diversified Real Estate Trust, Inc.), Hazardous Substances Indemnity Agreement (Grubb & Ellis Healthcare REIT II, Inc.)
Successive Actions. A separate right of action hereunder shall arise each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 8 contracts
Samples: Environmental Indemnity Agreement (NNN Healthcare/Office REIT, Inc.), Environmental Indemnity Agreement (NNN Apartment REIT, Inc.), Indemnity Agreement (Callon Petroleum Co)
Successive Actions. A separate right of action hereunder shall arise each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreementhereunder. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No time and no action hereunder shall preclude any subsequent action, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 6 contracts
Samples: Indemnity and Guaranty Agreement (Xm Satellite Radio Holdings Inc), Indemnity and Guaranty Agreement (Wilshire Oil Co of Texas), Indemnity and Guaranty Agreement (Wilshire Oil Co of Texas)
Successive Actions. A separate right of action hereunder shall will arise each time Lender an Indemnitee acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall will preclude any subsequent action, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 3 contracts
Samples: Environmental Indemnity Agreement (Lodging Fund REIT III, Inc.), Environmental Indemnity Agreement (Lodging Fund REIT III, Inc.), Environmental Indemnity Agreement (Lodging Fund REIT III, Inc.)
Successive Actions. A separate right of action hereunder shall arise each time the Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor the Borrower under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor the Borrower hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 3 contracts
Samples: Project Loan Agreement (Agree Realty Corp), Project Loan Agreement (Agree Realty Corp), Project Loan Agreement (Agree Realty Corp)
Successive Actions. A separate right of action hereunder shall arise each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor Borrower under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor Borrower hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 2 contracts
Samples: Environmental and Hazardous Substance Indemnification Agreement (Prime Group Realty Trust), Environmental and Hazardous Substance Indemnification Agreement (Prime Group Realty Trust)
Successive Actions. A separate right of action hereunder shall ------------------ arise each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor Indemnitors under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor Indemnitors hereby waives waive and covenants covenant not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 2 contracts
Samples: Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc), Hazardous Substances Indemnity Agreement (Brookdale Living Communities Inc)
Successive Actions. A separate right of action hereunder shall arise each time Lender acquires knowledge of any matter indemnified described in SECTIONS 2 or guaranteed by Indemnitor under this Agreement4 hereof. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 2 contracts
Samples: Environmental Indemnity Agreement (Arden Realty Inc), Environmental Indemnity Agreement (Arden Realty Inc)
Successive Actions. A separate right of action hereunder shall arise each time Lender acquires the Beneficiaries acquire knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action legal proceeding hereunder shall preclude any subsequent actionlegal proceeding, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 2 contracts
Samples: Environmental Indemnity Agreement (BRT Realty Trust), Environmental Indemnity Agreement (BRT Realty Trust)
Successive Actions. A separate right of action hereunder shall arise each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent actionaction and, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract
Samples: Indemnification & Liability (Old Line Bancshares Inc)
Successive Actions. A separate right of action hereunder shall arise ------------------ each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor Indemnitors under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor Indemnitors hereby waives waive and covenants covenant not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Brookdale Living Communities Inc)
Successive Actions. A separate right of action hereunder ------------------ shall arise each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Cornerstone Realty Income Trust Inc)
Successive Actions. A separate right of action hereunder shall arise each time any Lender acquires knowledge of any matter indemnified described in Section 1 or guaranteed by Indemnitor under this AgreementSection 3 hereof. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor Indemnitors hereby waives waive and covenants covenant not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract
Samples: Environmental Indemnity Agreement (Nevada Gold & Casinos Inc)
Successive Actions. A separate right of action hereunder shall arise each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor Guarantor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor Guarantor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract
Samples: Indemnification & Liability (Condor Hospitality Trust, Inc.)
Successive Actions. A separate right of action hereunder shall arise each time the Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor Indemnitors under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor Indemnitors hereby waives waive and covenants covenant not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract
Samples: Credit and Security Agreement (Signal Technology Corp)
Successive Actions. A separate right of action hereunder shall ------------------ arise each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Apple Suites Inc)
Successive Actions. A separate right of action hereunder shall arise each time any Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreementviolation of any of the terms hereof. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract
Successive Actions. A separate right of action hereunder shall arise ------------------ each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor Indemnitors under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor Indemnitors hereby waives waive and covenants covenant not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract
Samples: Environmental Indemnity Agreement (Apple Suites Inc)
Successive Actions. A separate right of action hereunder shall arise ------------------ each time Lender acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Discovery Investments Inc)
Successive Actions. A separate right of action hereunder shall will arise each time Lender an Indemnitee acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall will preclude any subsequent action, and Indemnitor hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments. 12.
Appears in 1 contract
Samples: Environmental Indemnity Agreement (Lodging Fund REIT III, Inc.)
Successive Actions. A separate right of action hereunder shall arise each time Lender Indemnitee acquires knowledge of any matter indemnified or guaranteed by Indemnitor under this Agreement. Separate and successive actions may be brought hereunder to enforce any of the provisions hereof at any time and from time to time. No action hereunder shall preclude any subsequent action, and Indemnitor Indemnitors hereby waives and covenants not to assert any defense in the nature of splitting of causes of action or merger of judgments.
Appears in 1 contract