Successors and Assigns; Joint and Several Liability. The terms, provisions, indemnities, covenants and conditions hereof shall be binding upon Borrower and the successors and assigns of Borrower, including all successors in interest of Borrower in and to all or any part of the Property, and shall inure to the benefit of Lender, its directors, officers, shareholders, employees and agents and their respective successors and assigns and shall constitute covenants running with the land. All references in this Mortgage to Borrower or Lender shall be deemed to include all such parties’ successors and assigns, and the term “Lender” as used herein shall also mean and refer to any lawful holder or owner, including pledgees and participants, of any of the Debt. If Borrower consists of more than one person or entity, each is jointly and severally liable to perform the obligations of Borrower hereunder and all representations, warranties, covenants and agreements made by Borrower hereunder are joint and several.
Successors and Assigns; Joint and Several Liability. This Guaranty shall inure to the benefit of the Lender and its successors and assigns. This Guaranty shall be binding on the Guarantor and the heirs, legatees, successors and assigns of the Guarantor. If this Guaranty is executed by more than one Guarantor, it shall be the joint and several undertaking of each of the undersigned. Regardless of whether this Guaranty is executed by more than one Guarantor, it is agreed that the liability of the undersigned hereunder is several and independent of any other guarantees or other obligations at any time in effect with respect to the Guaranteed Obligations or any part thereof and that the liability of the Guarantor hereunder may be enforced regardless of the existence, validity, enforcement or non‑enforcement of any such other guarantees or other obligations.
Successors and Assigns; Joint and Several Liability. This Guaranty shall inure to the benefit of the Lender and its successors and assigns. This Guaranty shall be binding on Guarantor and the successors and assigns of Guarantor. It is agreed that the liability of Guarantor hereunder is several and independent of any other guarantees or other obligations at any time in effect with respect to the Obligations or any part thereof and that the liability of Guarantor hereunder may be enforced regardless of the existence, validity, enforcement or nonenforcement of any such other guarantees or other obligations.
Successors and Assigns; Joint and Several Liability. If Borrower consists of more than one Person, the obligations and liabilities of each such Person hereunder shall be joint and several. Except as otherwise expressly provided under the terms and conditions of this Agreement, the terms, covenants, and conditions contained herein and in the other Loan Documents shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto and thereto.
Successors and Assigns; Joint and Several Liability. The terms, provisions, indemnities, covenants and conditions hereof shall be binding upon Grantor and the successors and assigns of Grantor, including all successors in interest of Grantor in and to all or any part of the Trust Property, and shall inure to the benefit of Beneficiary, its directors, officers, shareholders, employees and agents and their respective successors and assigns and shall constitute covenants running with the land. All references in this Deed of Trust to Grantor or Beneficiary shall be deemed to include all such parties' successors and assigns, and the term "Beneficiary" as used herein shall also mean and refer to any lawful holder or owner, including pledgees and participants, of any of the Debt.
Successors and Assigns; Joint and Several Liability. The terms, covenants and conditions herein contained shall, subject to the provisions as to assignment and sublease, apply to, inure to the benefit of, and bind the heirs, successors, administrators, executors, and assigns of the parties hereto. If Tenant is comprised of more than one person or entity, the obligations under this Lease imposed on Tenant shall be joint and several.
Successors and Assigns; Joint and Several Liability. The terms and provisions of this Agreement shall be binding on and inure to the benefit of (I) the Affiliated Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns and any Affiliates of the Lessee, now or hereafter existing, and (II) the Lessor, any other Person who may now or hereafter hold any interest in the Leases or any of the other Lease Documents and their respective successors, assigns and participants; provided, however, that, without limiting any of the other provisions of any of the other Lease Documents, in the event that more than fifty percent (50%) of the legal or beneficial interest in an Affiliated Party shall have been sold to a purchaser which is not an Affiliated Party or an Affiliate of an Affiliated Party and such Affiliated Party shall no longer be controlled by an Affiliated Party or an Affiliate of an Affiliated Party, then the obligation of the Lessee and such Affiliate hereunder with respect to Affiliated Party Debt shall cease with respect to Affiliated Party Debt first incurred by such Affiliated Party following such sale. Notwithstanding the foregoing, except as specifically permitted under this Agreement, the Affiliated Parties shall not, individually or together, assign or otherwise transfer this Agreement or any of their respective rights or obligations hereunder without the express written consent of the Lessor, in each instance, which consent may be withheld in the Lessor's sole and absolute discretion. All of the obligations of the Affiliated Parties hereunder shall be joint and several.
Successors and Assigns; Joint and Several Liability. (a) This Guaranty shall inure to the benefit of the Lender and its successors and assigns. This Guaranty shall be binding on each Guarantor and the heirs, legatees, successors and assigns of such Guarantor.
(b) If this Guaranty is executed by more than one Guarantor, it shall be the joint and several undertaking of each of the undersigned. Regardless of whether this Guaranty is executed by more than one Guarantor, it is agreed that the liability of the undersigned hereunder is several and independent of any other guarantees or other obligations at any time in effect with respect to the Guaranteed Obligations or any part thereof and that the liability of any Guarantor hereunder may be enforced regardless of the existence, validity, enforcement or non-enforcement of any such other guarantees or other obligations.
(c) Each Guarantor acknowledges that Lender has advised the Guarantors that the Lender is unwilling to provide the Loan to the Borrowers unless each Guarantor agrees to jointly and severally guaranty the Loan as provided herein. Each Guarantor has determined that it is in its best interest to undertake such joint and several liability because of, among other things (i) the benefit to each Borrower and Guarantor of the Borrowers being able to obtain the Loan and the desirability of the terms and conditions of the Loan, (ii) the benefit and economies to be realized by the Borrowers and in turn the Operators in the Borrowers’ obtaining the Loan as a single loan facility as compared to each Borrower’s obtaining an individual loan facility for its Project, and (iii) the fact that each Borrower and Guarantor is an Affiliate of all of the other Borrowers and Guarantors.
Successors and Assigns; Joint and Several Liability. The terms, provisions, indemnities, covenants and conditions hereof shall be binding upon Mortgagor and the successors and assigns of Mortgagor, including all successors in interest of Mortgagor in and to all or any part of the Mortgaged Property, and shall inure to the benefit of Mortgagee, its directors, officers, shareholders, employees and agents and their respective successors and assigns and shall constitute covenants running with the land. All references in this Mortgage to Mortgagor or Mortgagee shall be deemed to include all such parties' successors and assigns, and the term "Mortgagee" as used herein shall also mean and refer to any lawful holder or owner, including pledgees and participants, of any of the Debt. If Mortgagor consists of more than one person or entity, each is jointly and severally liable to perform the obligations of Mortgagor hereunder and all representations, warranties, covenants and agreements made by Mortgagor hereunder are joint and several. 4.7
Successors and Assigns; Joint and Several Liability. This Agreement shall be binding on, and shall inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors and assigns. The representations, warranties, covenants and agreements of Seller and Seller's Associates made herein shall be deemed to be jointly and severally made by Seller. The liability of any Seller's Associate shall be limited to a breach of his respective representations, warranties, covenants and agreements.
