Common use of Unimpaired Liability Clause in Contracts

Unimpaired Liability. Guarantor acknowledges and agrees that all obligations hereunder are and shall be absolute and unconditional under any and all circumstances without regard to the validity, regularity or enforceability of any or all of the Loan Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, the grant of extensions of time for payment or performance; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure any collateral for the Loan; (d) Lender’s failure to exercise, or delay in exercising, any rights or remedies Lender may have under the Loan Documents or under this Guaranty; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, any other guarantor or Lender; (h) the termination or discharge of the Deed of Trust or the exercise of any power of sale or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrower, any other guarantor or Lender, whether in connection with the Loan or any other transaction; or G) the accuracy or inaccuracy of the representations and warranties made by Borrower in any of the Loan Documents.

Unimpaired Liability. Guarantor acknowledges The liability of Indemnitor under this Agreement shall in no way be limited or impaired by, and Indemnitor hereby consents to and agrees that all obligations hereunder are and to be bound by, any amendment or modification of the provisions of the Note, the Mortgage, the Loan Agreement or any other Loan Documents. In addition, the liability of Indemnitor under this Agreement shall in no way be absolute and unconditional under limited or impaired by (a) the unenforceability of the Note, Mortgage, Loan Agreement or any and all circumstances without regard other Loan Document against Borrower and/or any guarantor or Joinder Party; (b) any release or other action or inaction taken by Lender with respect to the validitycollateral, regularity the Loan, the Borrower, any Guarantor and/or Joinder Party, whether or enforceability of not the same may impair or destroy any or all subrogation rights of the Loan Documents Indemnitor, or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether surety or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, the grant of extensions of time for payment or performanceindemnitor; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure any collateral for the Loan; (d) Lender’s failure to exercise, or delay in exercising, any rights or remedies Lender may have under the Loan Documents or under this Guaranty; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, any other guarantor or Lender; (h) the termination or discharge of the Deed of Trust or the exercise of any power of sale or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim, defense collateral or other rights which Guarantor security for the Loan, and any requirement that Lender pursue any of such collateral or other security, or pursue any remedies it may have against Borrower, any Guarantor and/or any Joinder Party; (d) any requirement that Lender provide notice to or obtain Indemnitor's consent to any modification, increase, extension or other guarantor or Lender, whether amendment of the Loan; (e) any right of subrogation (until payment in connection with full of the Loan and the expiration of any applicable preference period and statute of limitations for fraudulent conveyance claims); (f) any defense based on any statute of limitations; (g) any payment by Borrower to Lender if such payment is held to be a preference or fraudulent conveyance under bankruptcy laws or Lender is otherwise required to refund such payment to Borrower or any other transactionparty; (h) any voluntary or Ginvoluntary bankruptcy, receivership, insolvency, reorganization or similar proceeding affecting Borrower or any of its assets; (i) any extensions of time for performance required by the Note, the Mortgage, the Loan Agreement or any of the other Loan Documents; (i) any sale or transfer of all or part of the Mortgaged Property; (k) any exculpatory provision in the Note, the Mortgage, the Loan Agreement or any of the other Loan Documents limiting Lender's recourse to the Mortgaged Property or to any other security for the Note, or limiting Lender's rights to a deficiency judgment against any Indemnitor; (1) the accuracy or inaccuracy of the representations and warranties made by the Borrower in under the Note, the Mortgage, the Loan Agreement or any of the other Loan DocumentsDocuments or herein; (m) the release of the Borrower or any other person from performance or observance of any of the agreements, covenants, terms or condition contained in the Note, Mortgage, Loan Agreement or any of the other Loan Documents by operation of law, Borrower's voluntary act, or otherwise; (n) the release or substitution in whole or in part of any security for the Note; or (o) Lender's failure to record the Mortgage or file any UCC financing statements (or Indemnitee's improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for the Note; and, in any such case, whether with or without notice to Indemnitors and with or without consideration.

Unimpaired Liability. Guarantor acknowledges and agrees that all obligations hereunder are and shall be absolute and unconditional under any and all circumstances without regard to the validity, regularity or enforceability of any or all of the Loan Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, each Guarantor acknowledges and agrees that its respective liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, approval of a Transfer (subject to the provisions of the Loan Agreement) or the grant of extensions of time for payment or performance; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure any collateral for the Loan; (d) Lender’s failure to exercise, or delay in exercising, any rights or remedies Lender may have under the Loan Documents or under this Guaranty; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of any Guarantor from performance, in whole or in part, under this Guaranty or the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, SPE Equity Owner, any other guarantor Guarantor or Lender; (h) the termination or discharge of the Deed of Trust Security Instrument or the exercise of any power of sale or any foreclosure Qudicial (judicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrower, SPE Equity Owner, any other guarantor Guarantor or Lender, whether in connection with the Loan or any other transaction; or G(j) the accuracy or inaccuracy of the representations and warranties made by Borrower in any of the Loan Documents.

Unimpaired Liability. Each Guarantor acknowledges and agrees that all obligations hereunder are and shall be absolute and unconditional under any and all circumstances without regard to the validity, regularity or enforceability of any or all of the Loan Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, each Guarantor acknowledges and agrees that its respective liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, approval of a Transfer or the grant of extensions of time for payment or performance; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure any collateral for the Loan; (d) Lender’s failure to exercise, or delay in exercising, any rights or remedies Lender may have under the Loan Documents or under this Guaranty; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of any Guarantor from performance, in whole or in part, under this Guaranty or the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, SPE Equity Owner, any other guarantor Guarantor or Lender; (h) the termination or discharge of the Deed of Trust Security Instrument or the exercise of any power of sale or any foreclosure Qudicial (judicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrower, SPE Equity Owner, any other guarantor Guarantor or Lender, whether in connection with the Loan or any other transaction; or G(j) the accuracy or inaccuracy of the representations and warranties made by Borrower in any of the Loan Documents.

Unimpaired Liability. Guarantor acknowledges The liability of Indemnitor under this Agreement shall in no way be limited or impaired by, and Indemnitor hereby consents to and agrees that all obligations hereunder are and to be bound by, any amendment or modification of the provisions of the Notes, the Mortgages, the Loan Agreement or any other Loan Documents. In addition, the liability of Indemnitor under this Agreement shall in no way be absolute and unconditional under limited or impaired by (a) the unenforceability of the Notes, Mortgages, Loan Agreement or any and all circumstances without regard other Loan Document against Borrowers and/or any guarantor or Borrower Party; (b) any release or other action or inaction taken by Administrative Agent on behalf of Lenders with respect to the validityMortgaged Property, regularity the Loan, the Borrowers and/or any other Borrower Party, whether or enforceability of not the same may impair or destroy any or all subrogation rights of the Loan Documents Indemnitor, or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether surety or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, the grant of extensions of time for payment or performanceindemnitor; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure the existence of any collateral or other security for the Loan, and any requirement that Administrative Agent or Lenders pursue any of such collateral or other security, or pursue any remedies it may have against Borrowers and/or any other Borrower Party; (d) any requirement that Administrative Agent or Lenders provide notice to or obtain Indemnitor’s consent to any modification, increase, extension or other amendment of the Loan; (de) Lender’s failure to exercise, or delay any right of subrogation (until payment in exercising, any rights or remedies Lender may have under full of the Loan Documents or under this Guaranty; (e) and the release or substitution, in whole or in part, expiration of any collateral applicable preference period and statute of limitations for the Loan or acceptance of additional collateral for the Loanfraudulent conveyance claims); (f) the release of Borrower from performance, in whole any payment by Borrowers to Administrative Agent or in part, Lenders if such payment is held to be a preference or fraudulent conveyance under bankruptcy laws or Administrative Agent or Lenders are otherwise required to refund such payment to Borrowers or any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwiseother party; (g) any voluntary or involuntary bankruptcy, receivership, insolvency, reorganization, adjustment, dissolution, liquidation reorganization or other like similar proceeding involving affecting Borrowers or affecting Borrower, any other guarantor or Lenderof their assets; (h) any extensions of time for performance required by the termination Notes, the Mortgages, the Loan Agreement or discharge any of the Deed of Trust or the exercise of any power of sale or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosureother Loan Documents; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrowerexcept as otherwise specifically provided herein, any other guarantor sale or Lendertransfer of all or part of the Mortgaged Property; (j) any exculpatory provision in the Notes, whether in connection with the Mortgages, the Loan Agreement or any of the other transactionLoan Documents limiting Administrative Agent’s or Lenders’ recourse to the Mortgaged Property or to any other security for the Notes, or limiting Administrative Agent’s or Lenders’ rights to a deficiency judgment against any Indemnitor; or G(k) the accuracy or inaccuracy of the representations and warranties made by Borrower in the Borrowers under the Notes, the Mortgages, the Loan Agreement or any of the other Loan DocumentsDocuments or herein; (l) the release of the Borrowers or any other Person from performance or observance of any of the agreements, covenants, terms or condition contained in the Notes, Mortgages, Loan Agreement or any of the other Loan Documents by operation of law, any Borrower’s voluntary act, or otherwise; (m) the release or substitution in whole or in part of any security for the Notes; or (n) Administrative Agent’s failure to record the Mortgages or file any UCC financing statements (or Administrative Agent’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for the Notes; and, in any such case, whether with or without notice to Indemnitors and with or without consideration.

Unimpaired Liability. Family Housing Guarantor acknowledges and hereby agrees that all its obligations hereunder are and under the terms of this Guaranty shall not be absolute and unconditional under released, diminished, impaired, reduced, or affected by the occurrence of any and all circumstances without regard to one or more of the validity, regularity following events: (a) the taking or enforceability accepting of any other security or guaranty for any or all of the Loan Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan DocumentsGuaranteed Obligations; (b) any modificationrelease, supplementsurrender, extensionexchange, consolidationsubordination, restatement, waiver or consent provided by Lender loss of any security at any time existing in connection with respect to any or all of the Loan Documents including, without limitation, the grant of extensions of time for payment or performanceGuaranteed Obligations; (c) failure to record the insolvency, bankruptcy, or lack of partnership or corporate power of Tenant, or any Loan Document party at any time liable for any or to perfect any security interest intended to be provided thereby all of the Guaranteed Obligations, whether now existing or otherwise to protect, secure or insure any collateral for the Loanhereafter occurring; (d) Lender’s failure to exerciseany neglect, delay, omission, failure, or delay refusal of the FCRHA to take or prosecute any action for the collection of any of the Guaranteed Obligations or to foreclose or take or prosecute any action in exercising, connection with any rights instrument or remedies Lender may have under agreement evidencing or securing all or any part of the Loan Documents or under this GuarantyGuaranteed Obligations; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, any other guarantor or Lender; (h) the termination or discharge of the Deed of Trust or the exercise of any power of sale or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrower, any other guarantor Tenant or Lenderthe FCRHA, whether in connection with the Loan Project or any other transaction; (f) any assignment of the Lease or Gthe Guaranteed Obligations or any part thereof; (g) the accuracy unenforceability of all or inaccuracy any part of the representations and warranties made Guaranteed Obligations against Tenant by Borrower in any reason of the Loan Documentsfact that the act of creating the Guaranteed Obligations, or any part thereof, is ultra xxxxx, or the officers creating same acted in excess of their authority; (h) any payment by Tenant to the FCRHA in respect of the Guaranteed Obligations is held to constitute a preference under the bankruptcy laws or if for any other reason the FCRHA is required to refund such payment or pay the amount thereof to someone else; or (i) any impairment, modification, release, or limitation of liability of Tenant or its estate in bankruptcy, resulting from the operation of any present or future provision of the Bankruptcy Code of the United States or from the decision of any court interpreting same.

Unimpaired Liability. Guarantor acknowledges and agrees that all obligations hereunder are and shall be absolute and unconditional under any and all circumstances without regard to the validity, regularity or enforceability of any or all of the Loan Credit Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety, except as otherwise provided herein. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Credit Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Credit Documents including, without limitation, the grant of extensions of time for payment or performance; (c) failure to record or file any Loan Credit Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure any collateral for the Loan; (d) Lender’s failure to exercise, or delay in exercising, any rights or remedies Lender may have under the Loan Documents this Guaranty or under this Guarantythe other Credit Documents; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of Guarantor from performance, in whole or in part, under this Guaranty (other than an unconditional release of Guarantor from performance in whole under this Guaranty) or the release of Borrower from performance, in whole or in part, under any of the Loan Credit Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, Guarantor, any other guarantor under the Loan, or Lender; (h) the termination or discharge of the Deed of Trust any Credit Document or the exercise of any power of sale or any foreclosure Qudicial (judicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim (other than a mandatory or compulsory counterclaim), defense or other rights which Guarantor may have against Borrower, any other guarantor under the Loan, Lender or LenderBorrower, whether in connection with the Loan or any other transactiontransaction except (A) a good faith defense that Guarantor or Borrower have actually paid the Recourse Liabilities, or any portion thereof (but only to the extent of such portion), and (B) a good faith defense as to the amount owed by Guarantor hereunder; or G(j) the accuracy or inaccuracy of the representations and warranties made by Borrower in any of the Loan Credit Documents.

Unimpaired Liability. Guarantor acknowledges The liability of Indemnitor under this Agreement shall in no way be limited or impaired by, and Indemnitor hereby consents to and agrees that all obligations hereunder are and to be bound by, any amendment or modification of the provisions of the Notes, the Mortgages, the Loan Agreement or any other Loan Documents. In addition, the liability of Indemnitor under this Agreement shall in no way be absolute and unconditional under limited or impaired by (a) the unenforceability of the Notes, Mortgages, Loan Agreement or any and all circumstances without regard other Loan Document against Borrowers and/or any guarantor or Borrower Party; (b) any release or other action or inaction taken by Administrative Agent on behalf of Lenders with respect to the validityMortgaged Property, regularity the Loan, the Borrowers and/or any other Borrower Party, whether or enforceability of not the same may impair or destroy any or all subrogation rights of the Loan Documents Indemnitor, or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether surety or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, the grant of extensions of time for payment or performanceindemnitor; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure the existence of any collateral or other security for the Loan, and any requirement that Administrative Agent or Lenders pursue any of such collateral or other security, or pursue any remedies it may have against Borrowers and/or any other Borrower Party; (d) any requirement that Administrative Agent or Lenders provide notice to or obtain Indemnitor’s consent to any modification, increase, extension or other amendment of the Loan; (de) Lender’s failure to exercise, or delay any right of subrogation (until payment in exercising, any rights or remedies Lender may have under full of the Loan Documents or under this Guaranty; (e) and the release or substitution, in whole or in part, expiration of any collateral applicable preference period and statute of limitations for the Loan or acceptance of additional collateral for the Loanfraudulent conveyance claims); (f) the release of Borrower from performance, in whole any payment by Borrowers to Administrative Agent or in part, Lenders if such payment is held to be a preference or fraudulent conveyance under bankruptcy laws or Administrative Agent or Lenders are otherwise required to refund such payment to Borrowers or any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwiseother party; (g) any voluntary or involuntary bankruptcy, receivership, insolvency, reorganization, adjustment, dissolution, liquidation reorganization or other like similar proceeding involving affecting Borrowers or affecting Borrower, any other guarantor or Lenderof their assets; (h) any extensions of time for performance required by the termination Notes, the Mortgages, the Loan Agreement or discharge any of the Deed of Trust or the exercise of any power of sale or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosureother Loan Documents; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrowerexcept as otherwise specifically provided herein, any other guarantor sale or Lendertransfer of all or part of the Mortgaged Property; (j) any exculpatory provision in the Notes, whether in connection with the Mortgages, the Loan Agreement or any of the other transactionLoan Documents limiting Administrative Agent’s or Lenders’ recourse to the Mortgaged Property or to any other security for the Notes, or limiting Administrative Agent’s or Lenders’ rights to a deficiency judgment against any Indemnitor; or G(k) the accuracy or inaccuracy of the representations and warranties made by Borrower in the Borrowers under the Notes, the Mortgages, the Loan Agreement or any of the other Loan Documents.Documents or herein; (l) the release of the Borrowers or any other Person from performance or observance of any of the agreements, covenants, terms or condition contained in the Notes, Mortgages, Loan Agreement or any of the other Loan Documents by operation of law, any Borrower’s voluntary act, or otherwise; (m) the release or substitution in whole or in part of any security for the Notes; or (n) Administrative Agent’s failure to record the Mortgages or file any UCC financing statements (or Administrative Agent’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for the Notes; and, in any such case, whether with or without notice to Indemnitors and with or without consideration. HTI MOB Portfolio

Unimpaired Liability. Guarantor acknowledges and hereby agrees that all its obligations hereunder are and under the terms of this Guaranty shall not be absolute and unconditional under released, diminished, impaired, reduced, or affected by the occurrence of any and all circumstances without regard to one or more of the validity, regularity following events: (a) the taking or enforceability accepting of any other security or guaranty for any or all of the Loan Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan DocumentsGuaranteed Obligations; (b) any modificationrelease, supplementsurrender, extensionexchange, consolidationsubordination, restatement, waiver or consent provided by Lender loss of any security at any time existing in connection with respect to any or all of the Loan Documents including, without limitation, the grant of extensions of time for payment or performanceGuaranteed Obligations; (c) failure to record the insolvency, bankruptcy, or lack of partnership or corporate power of Developer, or any Loan Document party at any time liable for any or to perfect any security interest intended to be provided thereby all of the Guaranteed Obligations, whether now existing or otherwise to protect, secure or insure any collateral for the Loanhereafter occurring; (d) Lender’s failure to exerciseany neglect, delay, omission, failure, or delay refusal of the County to take or prosecute any action for the collection of any of the Guaranteed Obligations or to foreclose or take or prosecute any action in exercising, connection with any rights instrument or remedies Lender may have under agreement evidencing or securing all or any part of the Loan Documents or under this GuarantyGuaranteed Obligations; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, any other guarantor or Lender; (h) the termination or discharge of the Deed of Trust or the exercise of any power of sale or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrower, any other guarantor Developer or Lenderthe County, whether in connection with the Loan Project or any other transaction; (f) any assignment of the MDA or Gthe Guaranteed Obligations or any part thereof; (g) the accuracy unenforceability of all or inaccuracy any part of the representations and warranties made Guaranteed Obligations against Developer by Borrower in any reason of the Loan Documentsfact that the act of creating the Guaranteed Obligations, or any part thereof, is ultra xxxxx, or the officers creating same acted in excess of their authority; (h) any payment by Developer to the County in respect of the Guaranteed Obligations is held to constitute a preference under the bankruptcy laws or if for any other reason the County is required to refund such payment or pay the amount thereof to someone else; or (i) any impairment, modification, release, or limitation of liability of Developer or its estate in bankruptcy, resulting from the operation of any present or future provision of the Bankruptcy Code of the United States or from the decision of any court interpreting same.

Unimpaired Liability. Guarantor acknowledges and agrees that all obligations hereunder are and shall be absolute and unconditional under any and all circumstances without regard to the validity, regularity or enforceability of any or all of the Loan Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, the grant of extensions of time for payment or performance; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure any collateral for the Loan; (d) Lender’s failure to exercise, or delay in exercising, any rights or remedies Lender may have under the Loan Documents or under this Guaranty; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, any other guarantor or Lender; (h) the termination or discharge of the Deed of Trust Security Instrument or the exercise of any power of sale or any foreclosure Qudicial (judicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrower, any other guarantor or Lender, whether in connection with the Loan or any other transaction; or G(j) the accuracy or inaccuracy of the representations and warranties made by Borrower in any of the Loan Documents.

Unimpaired Liability. Student Housing Guarantor acknowledges and hereby agrees that all its obligations hereunder are and under the terms of this Guaranty shall not be absolute and unconditional under released, diminished, impaired, reduced, or affected by the occurrence of any and all circumstances without regard to one or more of the validity, regularity following events: (a) the taking or enforceability accepting of any other security or guaranty for any or all of the Loan Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan DocumentsGuaranteed Obligations; (b) any modificationrelease, supplementsurrender, extensionexchange, consolidationsubordination, restatement, waiver or consent provided by Lender loss of any security at any time existing in connection with respect to any or all of the Loan Documents including, without limitation, the grant of extensions of time for payment or performanceGuaranteed Obligations; (c) failure to record the insolvency, bankruptcy, or lack of partnership or corporate power of Tenant, or any Loan Document party at any time liable for any or to perfect any security interest intended to be provided thereby all of the Guaranteed Obligations, whether now existing or otherwise to protect, secure or insure any collateral for the Loanhereafter occurring; (d) Lender’s failure to exerciseany neglect, delay, omission, failure, or delay refusal of the FCRHA to take or prosecute any action for the collection of any of the Guaranteed Obligations or to foreclose or take or prosecute any action in exercising, connection with any rights instrument or remedies Lender may have under agreement evidencing or securing all or any part of the Loan Documents or under this GuarantyGuaranteed Obligations; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, any other guarantor or Lender; (h) the termination or discharge of the Deed of Trust or the exercise of any power of sale or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrower, any other guarantor Tenant or Lenderthe FCRHA, whether in connection with the Loan Project or any other transaction; (f) any assignment of the Lease or Gthe Guaranteed Obligations or any part thereof; (g) the accuracy unenforceability of all or inaccuracy any part of the representations and warranties made Guaranteed Obligations against Tenant by Borrower in any reason of the Loan Documentsfact that the act of creating the Guaranteed Obligations, or any part thereof, is ultra xxxxx, or the officers creating same acted in excess of their authority; (h) any payment by Tenant to the FCRHA in respect of the Guaranteed Obligations is held to constitute a preference under the bankruptcy laws or if for any other reason the FCRHA is required to refund such payment or pay the amount thereof to someone else; or (i) any impairment, modification, release, or limitation of liability of Tenant or its estate in bankruptcy, resulting from the operation of any present or future provision of the Bankruptcy Code of the United States or from the decision of any court interpreting same.

Unimpaired Liability. Senior Housing Guarantor acknowledges and hereby agrees that all its obligations hereunder are and under the terms of this Guaranty shall not be absolute and unconditional under released, diminished, impaired, reduced, or affected by the occurrence of any and all circumstances without regard to one or more of the validity, regularity following events: (a) the taking or enforceability accepting of any other security or guaranty for any or all of the Loan Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan DocumentsGuaranteed Obligations; (b) any modificationrelease, supplementsurrender, extensionexchange, consolidationsubordination, restatement, waiver or consent provided by Lender loss of any security at any time existing in connection with respect to any or all of the Loan Documents including, without limitation, the grant of extensions of time for payment or performanceGuaranteed Obligations; (c) failure to record the insolvency, bankruptcy, or lack of partnership or corporate power of Tenant, or any Loan Document party at any time liable for any or to perfect any security interest intended to be provided thereby all of the Guaranteed Obligations, whether now existing or otherwise to protect, secure or insure any collateral for the Loanhereafter occurring; (d) Lender’s failure to exerciseany neglect, delay, omission, failure, or delay refusal of the FCRHA to take or prosecute any action for the collection of any of the Guaranteed Obligations or to foreclose or take or prosecute any action in exercising, connection with any rights instrument or remedies Lender may have under agreement evidencing or securing all or any part of the Loan Documents or under this GuarantyGuaranteed Obligations; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, any other guarantor or Lender; (h) the termination or discharge of the Deed of Trust or the exercise of any power of sale or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrower, any other guarantor Tenant or Lenderthe FCRHA, whether in connection with the Loan Project or any other transaction; (f) any assignment of the Lease or Gthe Guaranteed Obligations or any part thereof; (g) the accuracy unenforceability of all or inaccuracy any part of the representations and warranties made Guaranteed Obligations against Tenant by Borrower in any reason of the Loan Documentsfact that the act of creating the Guaranteed Obligations, or any part thereof, is ultra xxxxx, or the officers creating same acted in excess of their authority; (h) any payment by Tenant to the FCRHA in respect of the Guaranteed Obligations is held to constitute a preference under the bankruptcy laws or if for any other reason the FCRHA is required to refund such payment or pay the amount thereof to someone else; or (i) any impairment, modification, release, or limitation of liability of Tenant or its estate in bankruptcy, resulting from the operation of any present or future provision of the Bankruptcy Code of the United States or from the decision of any court interpreting same.

Unimpaired Liability. Guarantor acknowledges The liability of Indemnitor under this Agreement shall in no way be limited or impaired by, and Indemnitor hereby consents to and agrees that all obligations hereunder are and to be bound by, any amendment or modification of the provisions of the Notes, the Mortgages, the Loan Agreement or any other Loan Documents. In addition, the liability of Indemnitor under this Agreement shall in no way be absolute and unconditional under limited or impaired by (a) the unenforceability of the Notes, Mortgages, Loan Agreement or any and all circumstances without regard other Loan Document against Borrowers and/or any guarantor or Borrower Party; (b) any release or other action or inaction taken by Administrative Agent on behalf of Secured Parties with respect to the validityMortgaged Property, regularity the Loan, the Borrowers and/or any other Borrower Party, whether or enforceability of not the same may impair or destroy any or all subrogation rights of the Loan Documents Indemnitor, or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether surety or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, the grant of extensions of time for payment or performanceindemnitor; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure the existence of any collateral or other security for the Loan, and any requirement that Administrative Agent or Secured Parties pursue any of such collateral or other security, or pursue any remedies it may have against Borrowers and/or any other Borrower Party; (d) any requirement that Administrative Agent or Secured Parties provide notice to or obtain Indemnitor’s consent to any modification, increase, extension or other amendment of the Loan; (de) Lender’s failure to exercise, or delay any right of subrogation (until payment in exercising, any rights or remedies Lender may have under full of the Loan Documents or under this Guaranty; (e) and the release or substitution, in whole or in part, expiration of any collateral applicable preference period and statute of limitations for the Loan or acceptance of additional collateral for the Loanfraudulent conveyance claims); (f) the release of Borrower from performance, in whole any payment by Borrowers to Administrative Agent or in part, Secured Parties if such payment is held to be a preference or fraudulent conveyance under bankruptcy laws or Administrative Agent or Secured Parties are otherwise required to refund such payment to Borrowers or any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwiseother party; (g) any voluntary or involuntary bankruptcy, receivership, insolvency, reorganization, adjustment, dissolution, liquidation reorganization or other like similar proceeding involving affecting Borrowers or affecting Borrower, any other guarantor or Lenderof their assets; (h) any extensions of time for performance required by the termination Notes, the Mortgages, the Loan Agreement or discharge any of the Deed of Trust or the exercise of any power of sale or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosureother Loan Documents; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrowerexcept as otherwise specifically provided herein, any other guarantor sale or Lendertransfer of all or part of the Mortgaged Property; (j) any exculpatory provision in the Notes, whether in connection with the Mortgages, the Loan Agreement or any of the other transactionLoan Documents limiting Administrative Agent’s or Secured Parties’ recourse to the Mortgaged Property or to any other security for the Notes, or limiting Administrative Agent’s or Secured Parties’ rights to a deficiency judgment against any Indemnitor; or G(k) the accuracy or inaccuracy of the representations and warranties made by Borrower in the Borrowers under the Notes, the Mortgages, the Loan Agreement or any of the other Loan DocumentsDocuments or herein; (l) the release of the Borrowers or any other Person from performance or observance of any of the agreements, covenants, terms or condition contained in the Notes, Mortgages, Loan Agreement or any of the other Loan Documents by operation of law, any Borrower’s voluntary act, or otherwise; (m) the release or substitution in whole or in part of any security for the Notes; or (n) Administrative Agent’s failure to record the Mortgages or file any UCC financing statements (or Administrative Agent’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for the Obligations; and, in any such case, whether with or without notice to Indemnitors and with or without consideration.

Unimpaired Liability. Guarantor acknowledges The liability of Indemnitor under this Agreement shall in no way be limited or impaired by, and Indemnitor hereby consents to and agrees that all obligations hereunder are and to be bound by, any amendment or modification of the provisions of the Notes, the Mortgages, the Loan Agreement or any other Loan Documents. In addition, the liability of Indemnitor under this Agreement shall in no way be absolute and unconditional under limited or impaired by (a) the unenforceability of the Notes, Mortgages, Loan Agreement or any and all circumstances without regard other Loan Document against Borrowers and/or any guarantor or Borrower Party; (b) any release or other action or inaction taken by Administrative Agent on behalf of Lenders with respect to the validityMortgaged Property, regularity the Loan, the Borrowers and/or any other Borrower Party, whether or enforceability of not the same may impair or destroy any or all subrogation rights of the Loan Documents Indemnitor, or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether surety or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, the grant of extensions of time for payment or performanceindemnitor; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure the existence of any collateral or other security for the Loan, and any requirement that Administrative Agent or Lenders pursue any of such collateral or other security, or pursue any remedies it may have against Borrowers and/or any other Borrower Party; (d) any requirement that Administrative Agent or Lenders provide notice to or obtain Indemnitor’s consent to any modification, increase, extension or other amendment of the Loan; (de) Lender’s failure to exercise, or delay any right of subrogation (until payment in exercising, any rights or remedies Lender may have under full of the Loan Documents or under this Guaranty; (e) and the release or substitution, in whole or in part, expiration of any collateral applicable preference period and statute of limitations for the Loan or acceptance of additional collateral for the Loanfraudulent conveyance claims); (f) the release of Borrower from performance, in whole any payment by Borrowers to Administrative Agent or in part, Lenders if such payment is held to be a preference or fraudulent conveyance under bankruptcy laws or Administrative Agent or Lenders are otherwise required to refund such payment to Borrowers or any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwiseother party; (g) any voluntary or involuntary bankruptcy, receivership, insolvency, reorganization, adjustment, dissolution, liquidation reorganization or other like similar proceeding involving affecting Borrowers or affecting Borrower, any other guarantor or Lenderof their assets; (h) any extensions of time for performance required by the termination Notes, the Mortgages, the Loan Agreement or discharge any of the Deed of Trust or the exercise of any power of sale or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosureother Loan Documents; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrowerexcept as otherwise specifically provided herein, any other guarantor sale or Lendertransfer of all or part of the Mortgaged Property; (j) any exculpatory provision in the Notes, whether in connection with the Mortgages, the Loan Agreement or any of the other transactionLoan Documents limiting Administrative Agent’s or Lenders’ recourse to the Mortgaged Property or to any other security for the Notes, or limiting Administrative Agent’s or Lenders’ rights to a deficiency judgment against any Indemnitor; or G(k) the accuracy or inaccuracy of the representations and warranties made by Borrower in the Borrowers under the Notes, the Mortgages, the Loan Agreement or any of the other Loan Documents.Documents or herein; (l) the release of the Borrowers or any other Person from performance or observance of any of the agreements, covenants, terms or condition contained in the Notes, Mortgages, Loan Agreement or any of the other Loan Documents by operation of law, any Borrower’s voluntary act, or otherwise; (m) the release or substitution in whole or in part of any security for the Notes; or (n) Administrative Agent’s failure to record the Mortgages or file any UCC financing statements (or Administrative Agent’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for the Notes; and, in any such case, whether with or without notice to Indemnitors and with or without consideration. ENVIRONMENTAL INDEMNITY AGREEMENT - Page 7 HTI MOB Portfolio

Unimpaired Liability. Guarantor acknowledges and agrees that all obligations hereunder are and shall be absolute and unconditional under any and all circumstances without regard to the validity, regularity or enforceability of any or all of the Loan Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, Guarantor acknowledges and agrees that its respective liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, approval of a Transfer or the grant of extensions of time for payment or performance; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure any collateral for the Loan; (d) Lender’s failure to exercise, or delay in exercising, any rights or remedies Lender may have under the Loan Documents or under this Guaranty; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of Guarantor from performance, in whole or in part, under this Guaranty or the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, any other guarantor or Lender; (h) the termination or discharge of the Deed of Trust Security Instrument or the exercise of any power of sale rights or any foreclosure Qudicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosureremedies thereunder; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrower, any other guarantor or Lender, whether in connection with the Loan or any other transaction; or G(j) the accuracy or inaccuracy of the representations and warranties made by Borrower in any of the Loan Documents.

Unimpaired Liability. Each Guarantor acknowledges and agrees that all obligations hereunder are and shall be absolute and unconditional under any and all circumstances without regard to the validity, regularity or enforceability of any or all of the Loan Documents or the existence of any other circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor or surety. Without limiting the foregoing, each Guarantor acknowledges and agrees that its respective liability hereunder shall in no way be released, terminated, discharged, limited or impaired by reason of any of the following (whether or not Guarantor has any knowledge or notice thereof): (a) Borrower’s lack of authority or lawful right to enter into any of the Loan Documents; (b) any modification, supplement, extension, consolidation, restatement, waiver or consent provided by Lender with respect to any of the Loan Documents including, without limitation, approval of a Transfer or the grant of extensions of time for payment or performance; (c) failure to record any Loan Document or to perfect any security interest intended to be provided thereby or otherwise to protect, secure or insure any collateral for the Loan; (d) Lender’s failure to exercise, or delay in exercising, any rights or remedies Lender may have under the Loan Documents or under this Guaranty; (e) the release or substitution, in whole or in part, of any collateral for the Loan or acceptance of additional collateral for the Loan; (f) the release of any Guarantor from performance, in whole or in part, under this Guaranty or the release of Borrower from performance, in whole or in part, under any of the Loan Documents, in each case whether by operation of law, Lender’s voluntary act, or otherwise; (g) any bankruptcy, insolvency, reorganization, adjustment, dissolution, liquidation or other like proceeding involving or affecting Borrower, SPE Manager, SPE Equity Owner, any other guarantor Guarantor or Lender; (h) the termination or discharge of the Deed of Trust Security Instrument or the exercise of any power of sale or any foreclosure Qudicial (judicial or otherwise) or delivery or acceptance of a deed-in-lieu of foreclosure; (i) the existence of any claim, setoff, counterclaim, defense or other rights which Guarantor may have against Borrower, SPE Manager, SPE Equity Owner, any other guarantor Guarantor or Lender, whether in connection with the Loan or any other transaction; or G(j) the accuracy or inaccuracy of the representations and warranties made by Borrower in any of the Loan Documents.